TM question.

Albert · Jan 28, 2008

Hello,
I would like to know that will this domain be considered as TM infringement.

Let's say there is a TM for Malaysia Travel Company and their website address is MalaysiaTravelCompany.com and their business is doing travel business/agency in Malaysia.

If I register MalaysiaTravel.com after MalaysiaInvestmentCompany.com was registered. Am I consider as TM infringement? If I am going to develop MalaysiaTravel.com into a travel information site for Malaysia. Am I getting myself trouble?

Looking to hear your advices, my friends!

DNQuest.com · Jan 28, 2008

As always, usage does play an important part in determining good/bad faith. In this example, you seem to use the domain in its' descriptive form, which could possibly protect you.

Albert · Jan 28, 2008

If I am just going to park it and offer it for sale instead of developing it. Am i attracting their lawsuit?

Prof. Goldbloom · Jan 28, 2008

These kind of things aren't always clear cut. In the example you're using, the domain name is very generic, and SHOULDN'T be a problem...even if you're competing. But no one can stop them from filing a suit or an arbitration. So either way, you COULD end up spending money trying to defend the name.

Albert · Jan 28, 2008

Thank you for the advices, Prof. Goldbloom and DNQuest.com
Now I have more confident in acquiring the domain name without worry about getting lawsuit.

I love NamePros, it is always full of kind people. NamePros the only forum that I am still in after 3 years +
How much to defend in WIPO? I am quite sure I don't have money to defend myself in lawsuit at court.

Ross · Jan 28, 2008

To be honest i think that is a killer name. I would pick that up in a heart beat no matter my intentions of the use. Its a super generic. You could get rid of it just as fast as they can file a law suit. So i wouldnt worry about it.

Ronald Regging · Jan 29, 2008

Tivo said:
To be honest i think that is a killer name. I would pick that up in a heart beat no matter my intentions of the use. Its a super generic. You could get rid of it just as fast as they can file a law suit. So i wouldnt worry about it.

Getting rid of a name to avoid a lawsuit isn't always an "out". In fact, if you don't disclose this information to the buyer, you could find yourself being sued in the near future.

However, in this case, I agree. The domain seems generic enough that there really SHOULDNT be any problems, but who knows

If theres one thing I know in life, it's that there are a lot of people with more money than they know what to do with

DNQuest.com · Jan 29, 2008

CommunityZ said:
If I am just going to park it and offer it for sale instead of developing it. Am i attracting their lawsuit?

Depends on how it is done, if you are stealing their traffic (if they can prove it), then tat could hurt you. Overreaching can rear its ugly head.

Albert · Jan 29, 2008

Thank you all for the information.

TM question.

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