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question Can You Help? Is This Legal?

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I'm hoping an expert can help me today.

As long as I check that an expired domain is not trademarked (uspto.gov), is it legal to register (or buy) that expired domain name, which has traffic (due to back links), and use the domain for a similar type of website?

Example.
  • ReallyCheapPinkBananas.com has expired.
  • I check on uspto.gov and no trademarks exist.
  • I register the domain with Godaddy.
  • I setup a blog on that domain.
  • The blog is about really cheap pink bananas.
  • Which is the same subject-matter as the other blog.
Am I allowed to do this?

I'd really appreciate any advice.

Thank you!

Roy
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Any generic subject, of course. HOWEVER, be careful. The USPTO database is not the be-all and end-all of trademark research. There are potential marks in other countries, and of course we have something called COMMON LAW trademark rights here, which essentially means you can have mark rights even without registration. TM usually means "We're asserting this is our mark" (R) means "We've registered the mark with the USPTO". Both are potentially valid and actionable.

Use your common sense first. Is this really a generic blog/subject, or a unique business name?
 
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Def Domains,

That's very kind of you to give such a well thought out answer. Thank you!

This is a dating domain that expired over 2 years ago. The original website was a dating review blog on a specific dating niche. I notice the domain still has traffic. So I'd like to register it and either redirect the domain straight to an affiliate offer, or simply put together a similar dating review blog on the same subject.

Thus far, I've only checked with uspto.gov. I have read elsewhere (but it was only an off the cuff remark from someone in blog comments) that using the domain for a simular purpose is a no-no.

Is there any way I can figure out a entirely safe means of assessment, without legals fees?

Thanks again!

Roy
 
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I have read elsewhere (but it was only an off the cuff remark from someone in blog comments) that using the domain for a simular purpose is a no-no.
That only applies if there is an active mark on the name in the same field.

Use a search engine to input the name and see what comes up. If nothing shows up and you've searched a few trademark sites, then you're safe. There's no way anyone can claim trademark rights if it's impossible for you to have ever known about them by reasonable means. That means that even if someone is operating under the same name in the same field, but they do not have a trademark and they're not well-known, then they cannot claim trademark rights against you or anyone else.

If you want to be extra safe, you can take screenshots of your research and date it, to prove that you did your due diligence and no such trademarks existed at the time you began using the name. You could even use sites like www.archive.org and www.archive.is to store the results of your searches.

You're already ahead of the pack with how diligent you're being, so you'll be fine.
 
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The above is NOT correct. I'm not a lawyer but have been through federal patent and trademark litigation twice.

Prior knowledge of someone's trademark rights, or continued use in spite of notice, is grounds for treble (3x) damages.

At ANY time a mark holder (TM or R) can force you to stop using their mark, whether you were aware of it or not. They can also sue for damages.

Dats how it works.
 
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Is registering the domain legal? and hosting a website on it, considering you don't use any trademark in the content on the website.
 
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Post up you're domain if you own it now; or some edited version extremely close to it, if possible. I'm sure you'll get some useful opinions here. It is very hard to speculate blindly about trademarks.
 
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