Advice PLEASE!

[frankiethepet]

Ok, i have a domain that is so-so kinda good, the domain itself isnt that good but its develop friendly and i have an idea to develop it. (the domain is a 2 word generic)

But then i searched google results for it and i found out there is a big company in Asia that is called the exact same.

I mean, could i get in trouble? the company is like factory stuff and my development plans is nothing near that field.

 

[briman1970]

We'd have to see the name. Post it like this to keep it from showing up in search: example (dot) c o m

 

[Name Trader]

I mean, could i get in trouble? the company is like factory stuff and my development plans is nothing near that field.

From what you describe, you should be in the clear, provided you don't go near that factory's products.

 

[DNQuest.com]

We'd have to see the name. Post it like this to keep it from showing up in search: example (dot) c o m

There is no need to list the domain if you do not wish to.

 

[frankiethepet]

thanks for the answers.

Well my brother told me to try to sell the domain to them but i havent contacted them cause i dont know what could happen...

i dont want to list the domain name here... but its the same "kind" of words as these

greatprice.com
greatgoal.com
bigfuture.com
grandgoal.com

somewhere along those lines

 

[flamewalker]

If it truly is that generic, you might be ok as a general rule of thumb, "most" generic terms can't be tm'ed ('Register' being one of the lamest exceptions). Doesn't mean they won't try though. As long as you do not park and do not use to sell their products etc, you should be ok.

 

[frankiethepet]

If it truly is that generic, you might be ok as a general rule of thumb, "most" generic terms can't be tm'ed ('Register' being one of the lamest exceptions). Doesn't mean they won't try though. As long as you do not park and do not use to sell their products etc, you should be ok.

yeah it is that generic... BUT... can i contact them and try to sell it to them?

is that to risky

 

[flamewalker]

I don't think I would personally... you might get away with it or you might be the guy that gets an made an example of... not worth the risk imho. Whether its generic or not, they could still go after you for cybersquatting.

Best option i think is to dev.

 

[Dave_Z]

yeah it is that generic...

For what? Apple is generic for the fruit, but not computers.

If the domain name is not generic, or better yet descriptive, of the product or
service the other party is using the term or so for, then approaching them to
sell it might not be a good idea.

 

[Name Trader]

Ok Dave. Would you be infringing Apple's TM if you tried to sell them Apples.com?

 

[flamewalker]

Ok Dave. Would you be infringing Apple's TM if you tried to sell them Apples.com?

I would say no... unless they are greedy and have a lot of money to waste. But if you tried to sell them AppleComputers.com, then yes.

 

[AdoptableDomains]

yeah it is that generic... BUT... can i contact them and try to sell it to them?

is that to risky

Simply...YES.

If they want it, and it's the same as their company name, they will find you eventually. You're also in a better negotiating position if they approach you instead of you contacting them.

 

[frankiethepet]

Simply...YES.

If they want it, and it's the same as their company name, they will find you eventually. You're also in a better negotiating position if they approach you instead of you contacting them.

Yeah i understand, but i dont get this whole procedure... If they contact me and offer me a price, i can still get in trouble?

cause i read about a similiar situation where the company asks for a price and the domainer gives them an counter offer and then the company "had" proofs that he had the domain just to sell it to hem and they took it to court. Something like that...

 

[Dave_Z]

Ok Dave. Would you be infringing Apple's TM if you tried to sell them Apples.com?

That's not for me to say, Stu. But Apple Computer can argue that using either
of the following:

http://icann.org/dndr/udrp/policy.htm

Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name;

http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001125----000-.html

(i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to—
(VI) the person’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person’s prior conduct indicating a pattern of such conduct;

Of course, it's ultimately up to the one mediating the dispute that will decide,
assuming the complainant demonstrates their claims.

Just a correction from my previous post: it's the term or so within the domain
name that might or might not be descriptive of the Asian company's products
or services in question.

Yeah i understand, but i dont get this whole procedure... If they contact me and offer me a price, i can still get in trouble?

cause i read about a similiar situation where the company asks for a price and the domainer gives them an counter offer and then the company "had" proofs that he had the domain just to sell it to hem and they took it to court. Something like that...

Unfortunately that's common in some domain-trademark disputes. Mileage can
vary.

 

[DebX420]

The best way we can really say is if you post up the domain, until then, no one can say for sure.

 

[AdoptableDomains]

Yeah i understand, but i dont get this whole procedure... If they contact me and offer me a price, i can still get in trouble?

cause i read about a similiar situation where the company asks for a price and the domainer gives them an counter offer and then the company "had" proofs that he had the domain just to sell it to hem and they took it to court. Something like that...

Yes, it's possible, but at least you have the generic defense. If you offer it to them it's hard to then say you didn't know their company or TM didn't exist and pass the bad faith test.

There are lots of things that are not for sale now, but if offered would be. My house isn't for sale, but if you offered 2 million for it I'd start negotiating.

You can always refuse to counter offer and hope they make a second higher bid. Of course if you have it listed at sedo or on a parked for sale page, it's pretty clear its for sale anyway.

 

[DNQuest.com]

If it truly is that generic, you might be ok as a general rule of thumb, "most" generic terms can't be tm'ed ('Register' being one of the lamest exceptions). Doesn't mean they won't try though. As long as you do not park and do not use to sell their products etc, you should be ok.

I will take exception to this statement. What you should be saying is "descriptive" instead of generic. There is a destincted difference in the two wordings. There many "generic" words that are trademarked, both common law and registered. It is the usage that could determine bad faith if challenged. If you owned apple.com and sold computers or PPC in the technolog field, expect bad faith to be sourrounding the domain.

here are lots of things that are not for sale now, but if offered would be. My house isn't for sale, but if you offered 2 million for it I'd start negotiating.

Negotiating??? dang, I say SOLD as fast and loud as I can repeatedly

 

[flamewalker]

I will take exception to this statement. What you should be saying is "descriptive" instead of generic.

I stand corrected

Apparently someone deleted my last post :?