In need of help

scoops22 · Dec 13, 2007

I own a baseballpark name domain.Its a dot com and no others are registered.Can I use this without getting in trouble?

DNQuest.com · Dec 13, 2007

yes
no
maybe

Too many factors to give a good answer... but here is an easy test...

It is a TM.. so do you plan on making money from it?

scoops22 · Dec 13, 2007

Yes I would like to generate income from it.

DNQuest.com · Dec 13, 2007

scoops22 said:
Yes I would like to generate income from it.

Do you own the TM rights or did you get permission to use someone else's TM?

If you answer no to each question, then you would violating TM law.

scoops22 · Dec 13, 2007

OK then,Well How can I use the domain without getting in trouble.Is it ok to park it at a site such as sedo?Can I use it to promote the park without earning income?

jberryhill · Dec 13, 2007

DN, I'm not commenting on the issue this guy brought up, but you have a habit of oversimplifying.

If I register John-B-Is-Selling-His-Ford-Minivan.com in order to sell my minivan then:

Does the domain name contain a TM? Yes.

Am I trying to make money from it? Yes.

Do I own the TM? No.

Do I have permission to use the TM? No.

By your test, selling my own Ford minivan is trademark infringement. I disagree.

scoops22 · Dec 14, 2007

To tell you the truth,I dont know if its a TM or not.The ball park was previosly named something else.The name change is very recent.I am just assuming it is a TM since the organization it is named after is pretty big,but I tried looking it up and couldnt find anything.If it is a TM ,is just owning it a TM infringement?

I mean if they wanted it,they surelly could have registered it themselves first.Right?

Dave_Z · Dec 14, 2007

scoops22 said:
If it is a TM ,is just owning it a TM infringement?

Ideally, no. In reality, some trademark holders believe so.

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