Dominion.Domains

Another Trademark Question

Discussion in 'Legal Discussion' started by john888, May 16, 2018.

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  1. john888

    john888 Established Member

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    I checked Trademarkia a year after registering a domain name. Registered a dot com domain name while a company was in the process of trademarking their name. I suppose they will come looking for my exact match word dot com. I registered during their trademark application published and wondering if a UDRP is coming my way and if registering during the trademark process will be a liability.
    Thanks for any advise.
     
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  2. LarryDomain

    LarryDomain Established Member

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    They don't even need to own the trademark to go after you. If they have been using the name for years they can still file against u and get it from you.
     
  3. Rizwan Razzaq

    Rizwan Razzaq Restricted Gold Account

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    and if we have domain before company registered trademark then?still they can?i mean if company is new coming up in business
     
  4. bluemeteor

    bluemeteor Established Member

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    If you put it on sale. Then they could go after you.
     
  5. Rizwan Razzaq

    Rizwan Razzaq Restricted Gold Account

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    this is really confusing now mean if someone is holding Starlightcafe.com and today i decided to open company and register trademark startlightcafe so i can get that domain?
    need to know this.
     
  6. john888

    john888 Established Member

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    Yes that is true.. but what are my chances to defend the UDRP with a good lawyer. If the odds are low for me because of the timing of my registration, then when they ask for a price I should keep my asking price lower?
     
  7. bluemeteor

    bluemeteor Established Member

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    First, firing UDRP takes money, effort and time. Don't know exactly how much. Heard $500, heard more.
    Let's say 500, so if your name is listed for cheap price. like $700 or something, they won't even bother to fire the case, unless they really hate you.

    If your name is valuable. The safer way is to build something simple and selling the simple website. They can't fire UDRP if your website is not in their industry + country.
     
  8. bluemeteor

    bluemeteor Established Member

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    Read a post someone couldn't afford 20k for a name. So his lawyer taught him a two year plan to secure the name without buying it.
     
  9. john888

    john888 Established Member

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    Too late. I already have it listed for sale on my sales site. I suppose UDRP's are just the cost of doing business. I would tack my legal cost onto the price if I won the UDRP and buyer would have to pay extra.
     
  10. bluemeteor

    bluemeteor Established Member

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    If you are worried and your listing price is above 1k. Then list it as make offer without bin price. Then you'll know when someone come looking for it.
     
  11. stub

    stub Top Member VIP ★★★★★★★★★★

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    Just so long as you are not infringing on their trademark. You'll be good-to-go. You might also be able to defend a UDRP too, if you use a good UDRP experienced lawyer. In the domainer business, you sometimes have to run this gauntlet. But it does sound like you registered the domain in bad faith. In which case you would lose the UDRP. Lawyers cannot perform miracles.
     
    Last edited: May 17, 2018
  12. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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    Wrong...
    Sorry to tell you
     
  13. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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  14. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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    Every domain is trademarked❗️

    A Trademark is an invention from people to misuse people

    Apple tm ❓ what is wrong on this ❓
     
  15. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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    How many people have a tm for Facebook ❓

    MANY and it’s not only Zuckerberg
     
  16. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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    WHY SOMEONE HAS THE RIGHT ON .COM ❓
    Does it mean they can take all extensions❓

    Sample

    If you would be right than this company can take all domains Ian all extensions all over the world ❓

    WHAT IS WRONG ON THIS ❓

    They can’t ❗️

    Sample

    Domainking

    Domainking.ng was taken
    Domainking.biz not

    Keep Life Simple
     
  17. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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    You also can get a Trademark
     
  18. Michael Ehrhardt

    Michael Ehrhardt Active Member VIP

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  19. LarryDomain

    LarryDomain Established Member

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    If you don't want them taking your domain. You should put up a website that's not related to their business. If you put up a forsale sign, the judge will rule against you. It all depends on what you do with the domain. You try to profit from their hard earned reputation, you'll lose the case. U try to blackmail them into buying the domain, you lose too.

    I get trademark requests once in a while so i make sure I'm not parking domains with possible trademark claims.. I just leave it blank or put up a picture of my puppy.
     
  20. stub

    stub Top Member VIP ★★★★★★★★★★

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    Your puppy must be at least your grand-puppy by now :)
     
  21. LarryDomain

    LarryDomain Established Member

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    well she's a puppy when the picture was taken..so she'll always be a puppy.. she produced a few of her own puppies by now though :)
     
  22. bluemeteor

    bluemeteor Established Member

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    That's an idea. Getting a trademark through agency is like 60 dollars in my country. Probably cheaper then building a simple site if can't build and manage a site by self. But waiting a year or so.
     
    Last edited: May 17, 2018
  23. Dominique

    Dominique Established Member

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    For a case involving between 1 and 5 domains that is to be decided by a single Panelist, the fee is $1500.

    For a case that is to be decided by 3 Panelists, the fee is $4000.
     
  24. frank-germany

    frank-germany F1lter.com xpired domain search engine Gold Account VIP

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    if you want a competent solution for a complex legal problem
    it's much better to consult an expensive highly specialist lawyer
    then asking in a forum
    and spend that money to a 3rd party lawyer
     

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