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question Question: Buying the .app domain of an existing business?

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If you buy a domain like splitthebill.app and as a real company uses splitthebill.com for their business, is it legal to contact the .com owner and try to sell the .app to them?

At first I feel like it would be illegal since they probably have a trademark for their domain. But if this is the case, then why do so many people buy domains like this? If you can't even use it, or sell it to the trademark owner, wouldn't all these types of domains still be available for registration?

If people aren't legally allowed to use your name for domains or even usernames on marketplaces or social sites, it seems like there would be a lot more domains or usernames still available.

I accidentally purchased one .app domain and then after the fact noticed that the .com was owned by a startup with major funding.

So I'm wondering if I just call them up and offer it to them for free, since they own the .com. Or can I ask for a few bucks, even if it's just for the registration fee?

Trying to use it doesn't seem like a great idea even if they couldn't sue me for it.
 
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Provided you don't infringe on any trademark they may have. You would usually be OK. Obviously, there is no point to offer them the .app if they are not running an App.
 
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Set your domain into Make Offer mode and forget... do another tasks.
 
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This is NOT legal advice, it is in fact just my opinion.

Owning a domain that includes words that have Trademarks attached to them in itself isn't illegal, nor is it considered infringement in "most" cases. Trademarks include things like the companies "mark" and "logo" in particular niches of the words they choose. Trying to sell the .app domain to a company that owns a trademark in that word could easily be construed as "bad faith." First you want to make sure are aren't using the exact match mark they are claiming rights to. You also wanna make sure that you aren't using a similar logo, or similar colors to their Trademark, nor do you want to use it in the same niche because that is textbook infringement.
 
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But if this is the case, then why do so many people buy domains like this?

People eat Tide pods too.

Why do so many people light fireworks in their buttocks?


Go ahead, search the words "fireworks" and "butt" on YouTube. There are THOUSANDS of them just like that one. You could literally spend your entire day doing nothing other than watching people light fireworks in their buttocks.

And, mind you, these people also know how to work computers and smartphones, and post videos to the internet.

People register domain names too.
 
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I mean, my goodness, if you decided to run your life the way "a lot of people on the internet do", then you are in for some unpleasant surprises.

Why do so many people get out of their cars at drive-through wild animal parks?

Hey, now HERE's a lot of people doing something fun:


I mean, most of them don't even get hurt!

Heck, a game the whole family can play:


People do all kinds of insane crap. Be your own example. If you want to make the BEST choices in life, be sure to have a lot of alcohol around. It makes you smarter, funnier, and more able to perform complex physical challenges.
 
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While owning a name that someone else has trademarked might not necessarily be wrong, contacting the company with the TM will get you in trouble every time.

Again they don't have to go the UDRP route where you don't respond and just lose the name. They can come after you under the ACPA for $100,000 plus.

Even if you win a UDRP you could still lose big time, http://tldinvestors.com/2018/03/winning-the-udrp-doesnt-always-mean-youre-done.html
 
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