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Eric Lyon

What happens if you buy a trademarked domain?

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By Eric Lyon, Mar 21, 2015
  1. Eric Lyon

    Eric Lyon Member Services, NamePros Super Moderator PRO Gold Account VIP Trusted Contest Holder ★★★★★★★★★★

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    BroadbandCloudSolutions.co.uk published a piece about what happens when you purchase a trademarked domain name. Referencing a recent legal dispute where the big brand chain Aldi won against iLoveAldi.co.uk
    This is yet another reason on top of the thousands of other UDRP cases to stay away from buying, selling, parking, and/or developing domains that infringe on another's trademarks.

    Full Article: http://www.broadbandcloudsolutions.co.uk/what-happens-if-you-buy-a-trademarked-domain-name/
     
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  4. Eric Lyon

    About The Author — Eric Lyon

    Eric Lyon is located in Houston, TX and has been a registered member of NamePros since Aug 17, 2009 with 387 followers and 20,442 posts. From those posts, 1,011 members have been thankful for them and 1,600 members have liked them.

    This is Eric Lyon's 14th blog post on NamePros. View all blog posts

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  5. Comments (6)

  6. johnn

    johnn Top Member VIP ★★★★★★★★★★

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    From my experience, this is the number one mistake that most newbies make.
    They do not understand the consequences of owning a TM name.

    Stay away from them so you can sleep at night. Beside there is not a single reason why you should own a TM name!!!
     
  7. Avabelle

    Avabelle Member VIP Trusted Contest Holder

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    What happens if the TM is placed on the name after you have already bought the domain name?
     
  8. johnn

    johnn Top Member VIP ★★★★★★★★★★

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    The problem is you don't the money to hire an attorney to argue with them.
    Do the math. What do you do if the name worth $100 and the lawyer fees is $500?
     
  9. timestamp

    timestamp Established Member

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    I can't really call myself a domainer if I didn't register trademark in .com. It's not famous trademark, but hey, it's a start.

    And I have situation of someone registering trademark after I registered domain.

    Buy and develop. Just do the opposite of what they do. And don't park.
     
  10. N-A

    N-A Account Closed

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    It would be interesting to know that if registering a domain that just so happened to drop had a dead trademark for a specific use, let's say commerce of shoes for instance.

    If the domain name is generic enough and you intended to blog about fashion, would that be too close? What about if you were to blog about car maintenance?

    There are a lot of dead marks and exact matching domains that do drop.

    Are there actually legal repercussions for registering such name and using it for a the same or different purpose? (Depending on active/dead)

    Once a mark is dead, can it be used for that purpose again under different ownership? Can it be applied for again?

    I wonder how @Jason @ ESQwire would answer these types of questions and where one would stand. Is this a grey area?
     
  11. VaibhavA

    VaibhavA Top Member VIP

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    Grandia.com
    Geartrack.com

    These are live trademark name dropping today and I can see bids on namejet.
     
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