question Trademark issue comes or not.

Umesh1 · Apr 29, 2018

Hello ,

I am confused in this trademark thing, as i want to ask from you all, that
if suppose a domain is already registered by someone and the site is also running from years name coolexample.com

So when i go to registrar and searched for this domain, i got
coolexamples.com . so if i buy it and try to sell it, then trademark issue will comes or not. or i can sell it easily without having any fear of trademark.

*********can i run my own site also on this coolexamples.com or not*******

DNWon · Apr 29, 2018

It's best to steer clear of domain names that may infringe on another's trademark.

karmaco · Apr 29, 2018

Short answer don't do it if the only difference is the S on the end of the domain. That makes it an easy hit for a trademark violation down the road. You know there is a trademark and is best to avoid registering it.

Umesh1 · Apr 29, 2018

karmaco said:
Short answer don't do it if the only difference is the S on the end of the domain. That makes it an easy hit for a trademark violation down the road. You know there is a trademark and is best to avoid registering it.

yes i am also thinking the same, brother but what to do if suppose, i got the exact same name, with different extension.
like coolexample.net

then what u say about this.
thx for ur reply

Name Trader · Apr 29, 2018

You should check the two largest trademark registry's in USA & Europe BEFORE you buy a domain. If there isn't a TM then you are good to go. If there is a trademark, ask yourself under what category the TM was filed. You can use the domain as long as you don't infringe on their trademark. Also, if there is a TM you should definitely not be parking the domain, because the advertiser is likely to be in the same business as the TM'd domain name, and it's easy to show that your registered the domain in bad faith.

Your examples of alternatives, already show bad faith registration tendencies. The short answer is you really should not be registering domains in bad faith. You really need to know what you are doing, and likely to get into, if you infringe on somebody else's trademark. Overall, it could or could not be worth getting into. The best advice, usually, is to stay away. Unless you REALLY know what you are doing.

Umesh1 · Apr 30, 2018

stub said:
You should check the two largest trademark registry's in USA & Europe BEFORE you buy a domain. If there isn't a TM then you are good to go. If there is a trademark, ask yourself under what category the TM was filed. You can use the domain as long as you don't infringe on their trademark. Also, if there is a TM you should definitely not be parking the domain, because the advertiser is likely to be in the same business as the TM'd domain name, and it's easy to show that your registered the domain in bad faith.

Your examples of alternatives, already show bad faith registration tendencies. The short answer is you really should not be registering domains in bad faith. You really need to know what you are doing, and likely to get into, if you infringe on somebody else's trademark. Overall, it could or could not be worth getting into. The best advice, usually, is to stay away. Unless you REALLY know what you are doing.

ok grt, thanks for ur valueable advice, i appreciate that... yes i understand what ur trying to say, but sometime mind wont understand it, bcse when i see the marketplace, there i can many domains like these porn.com is sold and after that i have seen porno.com is sold.

so how they are sold, this thing confusing the mind, as these are both in the same industry so in this way, why they dont fall under the TM category, are they don't infringe on each other trademark.

Both porn sites is running, so this is the step i want to learn,

as i know ur answer as u said above
(The short answer is you really should not be registering domains in bad faith.)
BUT WHY here we have a fear of TM issue in coolexamples.com

I hope u got my point, what i am trying to say, rather than this i respect everything u said above.
thanks

Umesh1 · Apr 30, 2018

DNWon said:
It's best to steer clear of domain names that may infringe on another's trademark.

thanks but what about these sites
Porn.com
Porno.com
these are running from years online. so how we come to know, that are they infringed on another's trademark or not.

and there are many more examples like that. this thing is confusing, As i know we can check the trademark issue on the sites, but still if they are in same industry, and having same kind of domain names, so why they are not infringing each other rights.

thx, waiting for ur answer.

Name Trader · Apr 30, 2018

Umesh1 said:
thanks but what about these sites
Porn.com
Porno.com
these are running from years online. so how we come to know, that are they infringed on another's trademark or not.

and there are many more examples like that. this thing is confusing, As i know we can check the trademark issue on the sites, but still if they are in same industry, and having same kind of domain names, so why they are not infringing each other rights.

thx, waiting for ur answer.

I imagine, that "porn" is such a generic name, that it cannot be registered as a trademark. Which explains why none of the TM's in the US Tess Database involving the word porn (just under 500 entries both alive and dead) are not for the word "porn" by itself. It needs to be qualified with something else.

nomen · Apr 30, 2018

@Umesh1 A trademark doesn't come with a domain name. Most developed domain names are not trademarked. So if there's a site called uniquecar.com, and the owner of the site doesn't have a TM for "unique car", you can develop on uniquecars.com, myuniquecars.com etc. all day long.

One has to apply for a trademark. One doesn't get trademark rights for a word, term, brand etc. automatically with a domain name.

Hope that answers to your question.

Edit: Not sure if I understood your concern correctly. Anyway...

Umesh1 · Apr 30, 2018

stub said:
I imagine, that "porn" is such a generic name, that it cannot be registered as a trademark. Which explains why none of the TM's in the US Tess Database involving the word porn (just under 500 entries both alive and dead) are not for the word "porn" by itself. It needs to be qualified with something else.

Thx my brother, u explained well.

Umesh1 · Apr 30, 2018

nomen said:
@Umesh1 A trademark doesn't come with a domain name. Most developed domain names are not trademarked. So if there's a site called uniquecar.com, and the owner of the site doesn't have a TM for "unique car", you can develop on uniquecars.com, myuniquecars.com etc. all day long.

One has to apply for a trademark. One doesn't get trademark rights for a word, term, brand etc. automatically with a domain name.

Hope that answers to your question.

Edit: Not sure if I understood your concern correctly. Anyway...

Thank god for giving such a grt reply, it helps a lot. Respect man.....due to u all members here, I M learning good stuff in namepros..I will come again with a new thread on TM, if something hit my mind again on this topic. Thx

Sinh · Oct 12, 2018

stub said:
You should check the two largest trademark registry's in USA & Europe BEFORE you buy a domain. If there isn't a TM then you are good to go. If there is a trademark, ask yourself under what category the TM was filed. You can use the domain as long as you don't infringe on their trademark. Also, if there is a TM you should definitely not be parking the domain, because the advertiser is likely to be in the same business as the TM'd domain name, and it's easy to show that your registered the domain in bad faith.

Your examples of alternatives, already show bad faith registration tendencies. The short answer is you really should not be registering domains in bad faith. You really need to know what you are doing, and likely to get into, if you infringe on somebody else's trademark. Overall, it could or could not be worth getting into. The best advice, usually, is to stay away. Unless you REALLY know what you are doing.

If we own a domain that contains trademark registry's in USA or Europe before we buy a domain, Can we list the domain on domain markets like Afternic, Sedo...(We don't park the domain definitely)?

Name Trader · Oct 12, 2018

Sinh said:
If we own a domain that contains trademark registry's in USA or Europe before we buy a domain, Can we list the domain on domain markets like Afternic, Sedo...(We don't park the domain definitely)?

Sure. As long are you are not infringuing on their TM's

question Trademark issue comes or not.

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