Need a guide on legalities about domain trading!

dom007 · Sep 20, 2021

Hi I am just starting out on domain trading.
Searched the web for this. None of them were comprehensive enough to understand all the aspects of it. If this is already covered (my bad i didnt search enough) can you provide links about a complete guide on legal aspects or can you give general tips before buying a domain.

lock · Sep 20, 2021

Rule 1 Avoid buying domains with Trademarks.

How to Conduct a Trademark Search

Open the USPTO Trademark Electronic Search System online. ...
Select "Word and/or Design Mark Search (Free Form)". ...
Try the obvious first. ...
Make sure you're covering all the bases. ...
Expand the field of search. ...
Combining terms. ...
Narrow the search to reduce distractions. ...
Review the records you found.
How to do a trademark search - Brown & Michaels, PC

I have domainlegality as a domain name i do not offer legal advice but common sense. It is a domain advertised in portfolio.

dom007 · Sep 20, 2021

lock said:
Rule 1 Avoid buying domains with Trademarks.

How to Conduct a Trademark Search

Open the USPTO Trademark Electronic Search System online. ...

Select "Word and/or Design Mark Search (Free Form)". ...

Try the obvious first. ...

Make sure you're covering all the bases. ...

Expand the field of search. ...

Combining terms. ...

Narrow the search to reduce distractions. ...

Review the records you found.

I have domainlegality as a domain name i do not offer legal advice but common sense. It is a domain advertised in portfolio.

Good guide.
But wont this limit domain names to only 1-2 TLDs (The guy with trademark will buy .com .net and be done with it). I have seen domains with many TLDs for selling. Aren't they infringing with the original domain trademark (.com)?

lock · Sep 20, 2021

I just say avoid as not going to go into details but even if not breeching companies that have made profits have that at disposal to keep proceeding.

CraigD · Sep 20, 2021

dom007 said:
Good guide.
But wont this limit domain names to only 1-2 TLDs (The guy with trademark will buy .com .net and be done with it). I have seen domains with many TLDs for selling. Aren't they infringing with the original domain trademark (.com)?

Trademarks can be registered in a number of classes and jurisdictions.

It's a legal minefield.

My advice if you are unsure is don't register. It's not worth the potential hassle.

There are quite a number of threads devoted to this topic on NP.

NickB · Sep 20, 2021

There is section on here titled "Legal Discussion"

https://www.namepros.com/forums/legal-discussion.229/

Might be a good place to start.......

dom007 · Sep 25, 2021

What if I bought a domain when there was no trademark on it, later someone registered a trademark later can they still sue me (and win)?

CraigD · Sep 25, 2021

dom007 said:
What if I bought a domain when there was no trademark on it, later someone registered a trademark later can they still sue me (and win)?

I would think that should be OK, but if you later trade or sell that name, the new owner may be in breach of said TM.

I'm not a lawyer, so please take the time to read the many informative threads about this subject. The link above that @NickB provided is very helpful.

Need a guide on legalities about domain trading!

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