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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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Many years ago, I purchased a domain that could appear to be

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Many years ago, I purchased a domain that could appear to be an infringement on another brands trademark. My intent was to create a fan site, but it never came to fruition.

For whatever reason, I recently had read some information about "CyberSquatting" and the Anti-CyberSquatting Protection Act. I in no way have or would have an intention of doing anything that was malicious, but I am now certainly paranoid about the possibility of violating some law I was not aware of.

I'd like to just get rid of the domain. No one has ever contacted me about it (as a violation or anything), but I want to make sure my disposal of the domain is in the best way possible without drawing any unnecessary anger or attention.

As such, I contacted the registrar and they suggested I could a) sell it, b) let it expire, c) transfer it someone else or d) they would take it over. IF they took it, they could do any of the above (sell it, use, let it expire, etc) and I would have no right or access to the domain. If I allowed them to have it, and they elect to do something with it (sell it, use it), would that put me at risk even though it wasn't I who did that?

Another registrar has a feature where you can "delete" the domain. They may put the domain in a "pending state" depending on some variables of the domain. I'm guessing it follows the same process as if I had not already paid for the domain and was letting it expire.

My question is - what is the cleanest and "safest" way out of this particular issue? I'd love to sell it and get my previous years domain fees, but am also willing to take a loss on the domain if it would show my intention wasn't to do anything malicious.. if that makes sense.

Any advice?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To be honest, you are worried over nothing. If you simply own the site but are not capitalizing off it, there is no infringement per se, and at worst you would get an email or letter demanding that you hand over the site to the 'rightful' owner of the copyright. Heck, at that point you may end up transferring the site for a small profit. Transferring the site to someone else would also terminate your liability from the date you transfer, but NOT from the time you've owned it. However, since you did nothing with it, there is no inherent infringement from what you've described. If you are that paranoid, let it expire and not renew it--that would terminate your liability and would leave the site to someone else to purchase or utilize.

Good luck.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37033
Experience: Run my own successful business/contract law practice.
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