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Old 09-19-2011, 10:08 AM  
Babaganoosh
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Domain Trademark Question

Let's say, hypothetically of course, that I bought a domain that contains a trademark. For example, let's say I wanted to promote Netflix so I register something like ilovenetflix.com. Now, knowing that's a trademarked name, I contact Netflix and they give me their permission to use that domain to promote them. Since I have been given permission I build a site and do some SEO and start getting some organic traffic.

Fast forward a few years, Netflix sends me an email letting me know that I am using their trademark in my domain and they want me to transfer the domain to them immediately. I show them that they gave me their permission and they inform me their TOS has changed and they are now cracking down and I must hand over the domain immediately to remain in good standing with them (and presumably not have the domain seized).

Should Netflix be responsible for paying for the time spent building a site that I was given permission to build?






BTW, this has nothing to do with Netflix but since I have a Netflix envelope on my desk I chose them as my example.
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