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Originally Posted by Grump
It doesn't seem at all unusual to form a corporation named for the domain you are in the process of buying. If they had paid a $half million deposit the deal must have been fairly well along (or at least they thought it was), so I see nothing odd there.
A corporation formed for the purpose of buying the same named domain certainly is not an infringement. Had the deal gone through they would have had the right to use the corporate name online, if not then they wouldn't have been infringing unless they entered into some other online business using that corporate name.
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Who said anything about infrngement ? (If I missed it, sorry)
From the way I read this, a domain speculator accepted $500K and promised he could deliver sex.com (the domain) to sex.com (the corporation in philadelphia) for $11.4M and then either could not do it or did not try to do it or something similar. In short, they sold something they didn't own and got nailed when they couldn't deliver.
They should have watched the Music Man to see how to pull that off properly