domain applewriter.com

[plow76]

I'm brand new here and would appreciate thoughts on the domain name in the title. Also urania.ca

Thanks in advance!

P.

 

[jberryhill]

Out of curiosity, how do these businesses avoid TM?

You want five non-infringement opinions? Gee, if only there was some way to earn a living doing that sort of thing.

Let's take two examples....

The Apple House - Restaurant in Linden VA
www.theapplehouse.net/

Do you think "Celebrating 50 years" on their home page might be an important clue?

Apple Museum
www.applemuseum.com/

That's a "nominative use" and I'm not familiar with Czech law on that topic. Aside from which, they seem to have been around for less than two years, and questions like "How can (some other person) do something?" is often a matter of "they haven't gotten nailed for it yet".

It's like asking "can I drive 60 mph in a 55 mph zone". Well, of course you can. Millions of people do it all of the time. That observation is not relevant when you've been pulled over for it.

But running a non-profit museum about Apple (and in the course thereof using "Apple" to identify what the museum is about) is very different from looking to sell a domain name which is currently zero-click monetized on downloading malware.

In your "voucher" example, that domain name currently goes to an "under construction" page with three - count 'em three - pictures of Apple products on it. What likely assumption would anyone make in relation to the intentions of someone who registers a domain name which (a) contains "Apple" and (b) resolves to a page with pictures of Apple products on it? C'mon.

 

[DaveX]

You want five non-infringement opinions? Gee, if only there was some way to earn a living doing that sort of thing.

Let's take two examples....



Do you think "Celebrating 50 years" on their home page might be an important clue?



That's a "nominative use" and I'm not familiar with Czech law on that topic. Aside from which, they seem to have been around for less than two years, and questions like "How can (some other person) do something?" is often a matter of "they haven't gotten nailed for it yet".

It's like asking "can I drive 60 mph in a 55 mph zone". Well, of course you can. Millions of people do it all of the time. That observation is not relevant when you've been pulled over for it.

But running a non-profit museum about Apple (and in the course thereof using "Apple" to identify what the museum is about) is very different from looking to sell a domain name which is currently zero-click monetized on downloading malware.

In your "voucher" example, that domain name currently goes to an "under construction" page with three - count 'em three - pictures of Apple products on it. What likely assumption would anyone make in relation to the intentions of someone who registers a domain name which (a) contains "Apple" and (b) resolves to a page with pictures of Apple products on it? C'mon.

hmmm....thanks. It now resolves to a page.

 

[Kenny]

@plow76,

I'm hoping the information above has cleared up any confusion about the potential use of that domain name.

There is another issue at hand here that hasn't been discussed yet.
This is an industry. Registering a TM domain makes the entire industry look bad.
Trying to sell a TM name makes us look even worse.

We are all aware that there are people that can actually justify in their own minds that earning off others hard work is a business model.

Those people generally don't last long in this business, either because their lawyers fees become more expensive than their earnings, or because the community as a whole does our best to shame them out of the industry.

This is why when a new member asks "Is this OK?" we do our best to set them straight as soon as possible.

Good luck with your sale of the other domain.

Peace,
Kenny

 

[plow76]

Thanks for your input everyone. I have to admit that I'm a little confused because I have no idea what I'm doing and had no intention of getting into domain trading/selling. I think I'm reading that I should not try selling the applewriter domain, and to just let it expire? The point being I should not be hoping to profit from owning this domain? I can understand the point of not making earnings off other peoples hard work, but the irony is that is exactly Apple's (and many other corporations') business model! lol. But that's a whole other discussion.
At any rate, I believe my three options are to 1) sell the domain for a nominal fee, 2) let it expire, or 3) finally get around to starting that website devoted to my love of eating apples in all their splendid variety.

Cheers,
P

 

[CryptoInvestor]

Thanks for your input everyone. I have to admit that I'm a little confused because I have no idea what I'm doing and had no intention of getting into domain trading/selling. I think I'm reading that I should not try selling the applewriter domain, and to just let it expire? The point being I should not be hoping to profit from owning this domain? I can understand the point of not making earnings off other peoples hard work, but the irony is that is exactly Apple's (and many other corporations') business model! lol. But that's a whole other discussion.
At any rate, I believe my three options are to 1) sell the domain for a nominal fee, 2) let it expire, or 3) finally get around to starting that website devoted to my love of eating apples in all their splendid variety.

Cheers,
P

Your only chance of selling them is to sell to an end user, who is probably unaware of tm laws. GoDaddy and other resellers usually wont even let you list names with “Apple” or “amazon” believe me i’ve tried lol i’m bagholding a few “Apple” “amazon” domains myself... i sold one for $10 on eBay, no luck elsewhere. I don’t even advertise them for sale anymore because really, the $10 you could make isnt worth the damage on your reputation lol