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Am I in Trouble? (UDRP trademark question)

Labeled as question in Legal Discussion, started by karamakate, Mar 7, 2021

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571

  1. karamakate

    karamakate Established Member

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    Hello fellow domainers,

    I'm a kind of newbie domainer who wrote his own domain scanning software.

    While analyzing the potential of new gTLDs, I thought I've found a gold mine! And quickly hand registered around 20 domains (brandname.cafe) which costed to me aproximately 100$.

    I thought I would sell those names to the related companies, and make some bucks...

    Many of them globally known big brands which located in USA and EU. Some of them are just small local brands.
    I really really didn't know the UDRP thing before, it is totally my bad that I didn't make a proper research about domaining market & rules.

    The big brands have revenues like; €5.5 billion, €4.5 billion, €4.9 billion... (you get the idea)

    So, my questions are;
    1. Am I in big trouble right now?
    2. Is UDRP applies to all kind of TLDs?
    3. If this is a serious issue; what should I do without getting into any problem?
    4. Since they're registered just a week ago, is it possible to cancel registrations, return those domains and have a refund?
    5. Or should I approach to respective companies and offer them to transfer the domains for free?

    Probably important details:
    • I didn't park any of those domains or put any page of information. They don't even have a proper NS settings, no name resolve at all.
    • I haven't enter full details for the whois data, only wrote my official name. And all domains have whois privacy protection.
    • I'm located in Turkey, I've Turkish citizenship. Turkey is a member of WIPO since 1976.
    Hope to have some feedback.

    Thank you.
     
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  2. gilescoley

    gilescoley Top Member PRO VIP ★★★★★★★★★★

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    Yeah, ask your registrar to delete the names for you. You probably wont get a refund on these names unless you can arrange something with the registrar. Take it as a lesson and move on. Stay away from company names.
     
  3. JanO

    JanO This advertising space is for sale

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    Everything @gilescoley said.

    The only exception is when the company / brand name is also a generic word or geographical name.
    Example: suez. Suez is a (multi billion) company but also the name of a city. Therefor UDRP doesn not apply.
     
  4. gilescoley

    gilescoley Top Member PRO VIP ★★★★★★★★★★

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    This is not the case with TM's, its about about usage and bad faith. Apple, Orange, Caterpillar etc. are all generic names but are all trademarked. If you register ApplePlumbing.com, then you may be ok, but most trademarked names registered on NP are in bad faith, as is the case above.
     
    Last edited: Mar 7, 2021
  5. JanO

    JanO This advertising space is for sale

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    The intention might be bad faith and you shouldn't do outbound acquisition to the companies but if I reg Caterpillar.cafe because I love caterpillars and want to create a forum about caterpillars I highly doubt Caterpillar Inc. has a leg to stand on.
     
  6. gilescoley

    gilescoley Top Member PRO VIP ★★★★★★★★★★

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    Thats exactly what I said :xf.smile: Caterpillar sells mining equipment/machinery so by registering CaterpillarCafe.com, you are not infringing on their TM, so you will be ok. If you register CatepillarMachinery.com, then that is blatant infringement and will lead to trouble. Its all about how you plan on using it. The OP is obviously infringing as well, especially if its names like McDonalds.cafe, Starbucks.Cafe etc
     
    Last edited: Mar 7, 2021
  7. TauseefKhan

    TauseefKhan Top Contributor VIP

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    not only domains, but, you can't register a business name that infringes on someone else's reputed name. So, same applies to domains.
     
  8. karamakate

    karamakate Established Member

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    Thanks for the replies.

    I've contacted with the registrar and will see what we can do about it.

    I want to ask that again; would it be rude if I kindly ask to companies if they want to own related domains for free?
    So that money won't be vaporized.
     
  9. Revisiting

    Revisiting Established Member

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    I wouldn't do that. Your motives wont be as clear as you think they are.,
    YES - I know you don't want any thing in return but I very much doubt any business wants to get into communication with you over a $5 domain - let them go and move on
     
  10. simmplex

    simmplex VIP Member PRO VIP ★★★★★★★★★★

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    Last edited: Mar 8, 2021

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