domain Acquired some trademark grey areas - Tweet archive dot com

[Joe N]

Just purchased the following expired names:

Apple sale dot com
Tweet archive dot com

Did a lot of reading on potential trademark issues before acquiring, and my conclusion was that these are clean.

So:

1) What are their approximate values?
2) How best to go about finding the best end users without crossing into trademark infringement territory?

 

[iowadawg]

Keep in mind on both domains.
Apple....not a darn thing about apple the company and their products and their people and their history, etal.
Not even an ad!
Twitter....same as above!
In any case be ready for either or both companies, who do protect their trademarks to a fault, to come after your domain.

 

[Joe N]

Thanks for the feedback, ID. This is where I'd love some clarity.

"Apple" is only a trademark insofar as it is used in the computer industry. Applesale is generic, so not in violation unless (as you say) I misuse it. My intention is to park it (defined as a food/produce domain at the parking site) until I find an interested end user, but this is where I'd love some guidance. What are my legal responsibilities here? If I sell to an international end user that isn't subject to the trademark laws, and who subsequently misuses the name, am I liable?

Ditto for the Tweet domain. They were unable to trademark "tweet" because the term is too generic; too widely used as part of common language. And yet several websites (unaffiliated with the company in question) are in existence using similar domains to this one. So when do I cease to be on the right side of the fence?

 

[iowadawg]

Parking domains and the domain is applewhatever?
Ads will show up for APPLE!!!!
Not good.

Now twitter may not have trademarked tweet, but they have brought down and got a bunch of sites that did have tweet in them. They also made agreements with a lot of sites to use their names, tweet, etc.
Again because they were infringing on twitter.
Park it, and just one ad for twitter shows up?
Not good.

 

[Joe N]

Ah, good point. I did take steps in the domain categorizations and descriptions to hopefully prevent that from happening. But still impossible to control, I suppose. I'll unpark them.

As far as selling to end users, is there a market? Or is it too much chance that they would go to someone who would misuse the names?

 

[nomen]

IMO applesale is too risky even if you do not park it. To be honest, it's too crappy name to take any kind of risk, no-one is going to buy it to sell discounted apples cuz discounted apples really ain't a thing. Tweetarchive is so-so, owned a couple of tweet+kw names but after reading about them taking action against those kind of names, sold them on Flippa.

Here's a thought: Don't register anything with possible TM issues because you can always reg something else instead.

 

[Joe N]

Appreciate the feedback, but was hoping for something a bit more constructive. Would love to hear some reasoning on the opinion for the applesale name being a poor one. Over 30 related sites and 16K keyword searches in December. Obviously not a world beater, but the value seems to be there. Apple currently owns "applesales", so clearly they see value in not having it be owned elsewhere; a few years ago "appletrade" was purchased for about $3K.

As much as an apple sale isn't really a thing, there are still several online sites that sell apples and other produce in bulk. A quality keyword name would have value for them as a way of generating new customers, no?

These are the things I researched before purchasing the name. Definitely appreciate the feedback from someone more experienced at this, but would benefit from knowing the reasoning that my conclusions were faulty.

 

[nomen]

Appreciate the feedback, but was hoping for something a bit more constructive. Would love to hear some reasoning on the opinion for the applesale name being a poor one. Over 30 related sites and 16K keyword searches in December. Obviously not a world beater, but the value seems to be there. Apple currently owns "applesales", so clearly they see value in not having it be owned elsewhere; a few years ago "appletrade" was purchased for about $3K.

As much as an apple sale isn't really a thing, there are still several online sites that sell apples and other produce in bulk. A quality keyword name would have value for them as a way of generating new customers, no?

These are the things I researched before purchasing the name. Definitely appreciate the feedback from someone more experienced at this, but would benefit from knowing the reasoning that my conclusions were faulty.

Pretty sure those 16k searches are from people looking for Apple deals, not cheap apples. I could be wrong, though. It's not the worst domain in the world, just don't personally like it, maybe should have been more clear about that. But since you already have it, shoot a couple of emails to those related sites you found, who knows, maybe they want it.

Anyway, my point stands: Don't reg domains with possible TM issues. You can always reg some other name...

 

[nomen]

And why I don't personally like it: Not a name that could fetch high figures. IMO.

 

[Joe N]

Thanks for the extra info. Definitely agree that those searches are likely not produce-related, but if the search term puts your apple farm's website right in front of the nose of 16K people per month (targeted traffic or not), that has to be worth something, doesn't it?

Yeah, I'll likely be staying away from these sticky areas in the future.

 

[nomen]

Thanks for the extra info. Definitely agree that those searches are likely not produce-related, but if the search term puts your apple farm's website right in front of the nose of 16K people per month (targeted traffic or not), that has to be worth something, doesn't it?

Yeah, I'll likely be staying away from these sticky areas in the future.

Your reasoning is good but when I google apple sale all I get is apple.com results. Hard to beat those even with a exact match domain. But yeah, I feel you, just noticed that you paid a little more than a normal reg fee for the domain... I suggest you do a crazy email blast to related firms, sites etc. I'd imagine that the domain gets some type-in traffic... Maybe try to convince those firms based on that. Best of luck!

 

[Joe N]

Thanks for the feedback/advice nomen.

 

[Kate]

What is the realistic purpose for a domain name like Apple sale dot com ? To sell apples ? No way.

If you get UDRPed you'll be unable to provide one single valid reason why you registered this name, and you'll lose by default.
Other than the obvious 'end users' (the TM holders) nobody is going to buy these names precisely because of the TM issues.

It reminds me of the truly epic octopus.com UDRP...

 

[Joe N]

I have to disagree... There are several sites out there that do it precisely because they focus on information rather than direct commercial sales. Appleinsider, for example. Appletrade deals specifically in Apple products (and others), but I assume they can do so because they are based in Asia.

 

[iowadawg]

I bet Apple owns those domains...
They regged a lot of apple domains back in the 90's.
And just because a domain is based in Asia or somewhere on this planet, does not mean they are doing so legally and they can have their domain removed.

Now, we are now in the area where the OP is defending his domains.
That means, why from this point on, should we say anything else.
Good luck with your domains.

 

[nomen]

That means, why from this point on, should we say anything else.

Because we're a helpful bunch.

 

[nomen]

I have to disagree... There are several sites out there that do it precisely because they focus on information rather than direct commercial sales. Appleinsider, for example. Appletrade deals specifically in Apple products (and others), but I assume they can do so because they are based in Asia.

So are you going to develop the name into a information site about Apple deals?

 

[Manik]

As an expert on Twitter domain names and websites, you have absolutely nothing to worry about for years and years to come. I interact with twitter support group from website page on a monthly basis and I have never received a warning for the word "tweet" in my domain. Twitter has just acquired the trademark "tweet" but isn't suing anybody for it. My friend did receive a mail instantly when he regged a domain with the word "Twitter" in it. This is a great domain name.

About "Apple", I'm not so much of an expert but as far as you don't have anything related to Apple computers on the page, you're gold!

 

[nomen]

As an expert on Twitter domain names and websites, you have absolutely nothing to worry about for years and years to come. I interact with twitter support group from website page on a monthly basis and I have never received a warning for the word "tweet" in my domain. Twitter has just acquired the trademark "tweet" but isn't suing anybody for it. My friend did receive a mail instantly when he regged a domain with the word "Twitter" in it. This is a great domain name.

About "Apple", I'm not so much of an expert but as far as you don't have anything related to Apple computers on the page, you're gold!

Oh, they even got a TM for it. Even if they are not suing, it's still a TM infringement. And doesn't mean they won't sue.

Also, wouldn't say gold...

 

[johname]

The apple one is more generic because of apple farming, caning etc.

The tweet one is more iffy. On the one hand twiter been trying for years to secure the tweet trademark. I dont know exactly where that ended or if it ended. On the other hand the word 'archive' might cement it as a twiter domain.

These are the problems of skating on the thin ice of TM's

I see you paid $199 at drop auction for the apple domain. You will have to wait for some 'foreign' enduser like AppleSale.net to make you a hush offer (whistle while looking the other way) to get out of this domain. This would be because I dont think it's that appealing to an apple farmer.

Also the more of these names you own, the less you can hide under the shade of the farmer's apple tree ( you become a tm domainer by association)

Good Luck