Abandoned domain - What about TM?

[spikedo]

A competitor of mine in a niche area has abandoned let several domains -- including that of his main site -- expire. I have the opportunity to register the domain. However, there still exists a trademark on the words for the domain. Not sure what to do. Anyone ever run into a situation like this?

 

[Epic]

I wouldn't register it...you never know, he might be waiting for you to register it so he can pounce on the opportunity to sue you

 

[Dave_Z]

The real question here is how you're going to use the name. There are lots of
examples out there who went thru what you're pondering.

Some lost, some still have them.

 

[DropLister]

id take it

 

[spikedo]

I'm figuring I'd have to wait till the TM expired before I could use the domain in a business sense. The question is, could I park the domain in the meantime and make money from the traffic? I wonder the legality of that.

 

[Dave_Z]

I'm figuring I'd have to wait till the TM expired before I could use the domain in a business sense. The question is, could I park the domain in the meantime and make money from the traffic? I wonder the legality of that.

Even if the mark holder doesn't have a registered one, s/he can still claim TM
infringement if s/he can prove common-law rights.

If how you're going to use the name is similar or related to what the supposed
trademark holder is "known for", then you can expect trouble. More so if the
name is "made up" like Microsoft.

And under the US' ACPA law (google it), the complaining party can sue up to
$100k per name.

 

[Ray]

100k!! wow googleit.com? that stupid forum thing that was here before google?

 

[Didoz]

looool googleit.com :p

 

[jmweb]

I'd take it after consulting with a local attorney.

 

[Element]

I would take it if its a really good domain, if not then I wouldnt bother with it.

 

[primacomputer]

There are hundreds of jurisdictions you can have a trademark in. There are dozens of industries/classes you can have a trademark in. I generally have no problem registering a name containing a trademark as long as I also have a legitimate use for it. I've got plenty of names that contain trademarks of a trademark used by a number of companies including mine.

There are no absolute rules regarding when you are entitled to register a name aside from the three point described in the UDRP: confusingly similar + no rights or legitimate interest + bad faith

 

[Get-A.com]

get the names so he or someone else can not use them... cut your competetion, somewhat.

you don't have to do anythign with them.. even remove the ns settings so is just a dead site.

having the domains is not a tm violation, using them MAY be.

leave them sit that way till you decide what else to do.

 

[Shorty]

"having the domains is not a tm violation, using them MAY be."
I'm not entirely sure that's correct, but I do know that if you use their name and they have a TM on it, you're screwing yourself over.

I would not risk it either way. Look on the bright side, your business will receive a boost now your competitor is out of the way. It's good news, don't ruin it.

 

[Jeffrey]

Buy it and put a blank page without any ad links. Make it lay silent for many years, waiting for the TM to expire.