Advice on TM domain ...

[SonnyCooL]

Recently i register a domain which involve international trademark issue, but after i realize it, i send a email to the owner and request permission to develop the site ........
Unfortunately they send me a email deny my permission request but at the same time they never request me to transfer back the domain to them .....

Any expert here help me on what they said ? i can keep the domain without develop it ? or what ?
thanks for help .....

Thank you for your information regarding *****.asia domain name. Your message has been forwarded to us, Corporate Communications dept of ***** Corporation, Japan, in chage of Administraiton of domain names. As you mentioned, it is not preferable that someone other than ***** Group Companies uses domain name which includes our product name/trademark, and we do not permit it. Also, we will not negotiate the transfer of *****.asia with you at this time since we are not in immediate need of this domain name. Thank you for your kind understanding. Yours Truly, ***** Corporation Corporate Communications & IR Dept.

 

[BitcoinDK]

If I were you I would just drop it.

Cause if they want, they could just take it from you (if you use the domain so it conflicts with their TM).

Is the name brandable or generic?

 

[SonnyCooL]

brandable that the problem....
I pickup that domain cause i been using the brand for last 20 year (it still working and solid) though they replace with new name (ten year ago).... kind of like the product ....

 

[Meongtae]

i would dev the name into something that has nothing to do with their name.
but thats me. i am not in any way a legal eagle.
bur i kept a bunch of my names that way..

 

[flamewalker]

IF you use the name in a way that does not conflict with their TM, it would be very very difficult and costly for them to come after your name.

As long as its not a "Famous" TM like kmart or ibm or microsoft at least...

Not a lawyer but I too have kept a name by developing in a non-infringing name. Now that you emailed them, they will probably be watching so don't park it so it shows theirs or a competitor ad... best is "coming soon" page and/or developed, IMO.

 

[SonnyCooL]

IF you use the name in a way that does not conflict with their TM, it would be very very difficult and costly for them to come after your name.

As long as its not a "Famous" TM like kmart or ibm or microsoft at least...

Not a lawyer but I too have kept a name by developing in a non-infringing name. Now that you emailed them, they will probably be watching so don't park it so it shows theirs or a competitor ad... best is "coming soon" page and/or developed, IMO.

is difficult to use it on other product .......
but i thinking of pushing back the domain to them for good fade ..

 

[DeenaEsq]

Sonny,

I think you're right. Turning over the domain, if you don't have a problem doing it, is probably your cheapest and easiest solution.

Deena
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Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.

 

[flamewalker]

I've seen the domain... my advice would be to turn it back to them or drop it. Even if you dev it for another service ("tm term" computers or something), they may still udrp. It's not a dictionary word or anything so... pretty fair chance even with alternate development you would lose and be labeled a cybersquatter.