Sue for a domain registered before trademark?

Hypersot said:

@silgro12 anything is possible in the world of 'Law'

@Ian Goh I would imagine that it *could* be possible if the company that bought funnybooks/com used it in a way that harmed the other company that owned the funnybookz TM.

in any case though, it's the buying company's responsibility and not yours (ie. the seller's) since they should have made their research before buying a potentially TMed name.

I should note however that all 'law' questions should be asked to a professional. Whatever we say here in the forum can never be considered as a legitimate answer to such questions.

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silgro12 said:

Im a law student so I know a little bit about law When they sue you and they lose you can only benefit from being sued because they need to pay you all damages they caused by suing and also if you have a good lawyer you can say that you have suffered mental pain or miss some job opportunities because of trial and so on. Also, you have good reasons for defend: 1. you registrated domain before they protect their name or product so you couldnt "see in the future" then and know what will happened for few monthes or years 2. you are posessing only domain name which can be used in different way for expample they sell their books on their page and you can develop your domain and make webiste with funny quotes or some library when people can search some comedian books or something so you dont copy them...

But yes everything is possible but I think you cant lose this case with a "normal" lawyer :P

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Hypersot said:

That's good info to know.

Bear in mind though that we're not talking about the seller being sued rather than the buyer. As soon as the buyer gets hold of the name it's considered infringement (apologies if this is not the correct word in english) since they acquired the name *after* the TM registration.

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