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Backordered a domain with trademark in it, what should I do?

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ChineseDomain

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I just backordered a domain, and there is trademark description in it. I search the trademark number, it is still alive. What should I do to deal with this domain? Thanks!

Should I contact the trademark owner?
 
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ChineseDomain said:
Should I contact the trademark owner?

To give it to them for free?

Hmm, have you taken some time to research the other similar threads here?
 
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Dave Zan said:
To give it to them for free?

Hmm, have you taken some time to research the other similar threads here?

Sorry, I didn't research the similar threads. I will do it soon. Thanks!
 
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If the name isn't dropping for awhile, maybe you can contact the drop catching company and ask they cancel the backorder.
 
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-RJ- said:
If the name isn't dropping for awhile, maybe you can contact the drop catching company and ask they cancel the backorder.

Yes, good idea and I will try. I just successed to backorder it yesterday.
 
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Yup I would do that first. If you are successful in getting it you either can:

1) wait for it to expire
2) volunteeringly give it to the trademark owner.

Skinny
 
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Response from SnapNames, no refund.

We do have a no refund policy for domains acquired. Our terms and conditions states that the customer is responsible to find out if the name is trademarked or has any legal issues. That being said, trademarks are very specific about what is covered. If you are not using the name in a manner that is infringing on what the trademark is actually for, there is a good possibility that there will not be an issue.
 
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Options:

1. Hold it until expire. As long as you don't USE it, you are probably okay. On the one hand you may get an offer from the company at a lowball price. Take it. Second, they could ask to turn it over to them. Do so and you'll probably have no problem. Third, if not put to use against their TM, they may just ignore it until it expires.

2. Unless it's a blatant TM with no generic qualities at all, you might be able as snapnames says to use for a non-competing purpose. Just DON'T market as anything at all close to what the TM holder has as the purpose of their TM or what they do as a business.

3. Create a dummy account at the registrar and push the name into it with blank contact info and forget it. If they request the registrar to hand it over and they have no contact info, they probably will without bothering you based on not being able to contact an owner.

4. Put it in their name in a separate account and send them the login and password with an explanation of the mistake of catching it. Better to be the one offering than have them asking.

5. Some registrars will actually drop a name before expiration. It would be the registrar though, and not the drop catch service. Don't expect any money for it.
 
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AdoptableDomains said:
Options:

1. Hold it until expire. As long as you don't USE it, you are probably okay. On the one hand you may get an offer from the company at a lowball price. Take it. Second, they could ask to turn it over to them. Do so and you'll probably have no problem. Third, if not put to use against their TM, they may just ignore it until it expires.

2. Unless it's a blatant TM with no generic qualities at all, you might be able as snapnames says to use for a non-competing purpose. Just DON'T market as anything at all close to what the TM holder has as the purpose of their TM or what they do as a business.

3. Create a dummy account at the registrar and push the name into it with blank contact info and forget it. If they request the registrar to hand it over and they have no contact info, they probably will without bothering you based on not being able to contact an owner.

4. Put it in their name in a separate account and send them the login and password with an explanation of the mistake of catching it. Better to be the one offering than have them asking.

5. Some registrars will actually drop a name before expiration. It would be the registrar though, and not the drop catch service. Don't expect any money for it.


Very useful ways to deal with it. I may hold and not use it to expire. Thanks!
 
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Cross your fingers and hope someone else backorders it too.
 
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-RJ- said:
Cross your fingers and hope someone else backorders it too.

I already win it by the auctions, and I just know the issue when I try to manage it in the registrar.
 
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In that case, just park it and forget about it. Let it drop when expiration date comes around next year. 99%+ of TM infringing names are never be acted upon by the TM registrant, but if you do receive a C&D letter before expiration date just turn it over to them in good faith.
 
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-RJ-, Thanks!

I will do nothing about it and it will expire next year. If the owner ask for it I will transfer it to them.

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More info about this domain. I find the whois info in other registrar, and find that the domain should not expire before Jul, 2007. Why the registrar release it to backorder on Jan, 2007. I send email to the registrar support to get help about it, and I will update this post when there is more updates.

Domain Name:XXXXX
Created On:31-Jul-2001 16:39:16 UTC
Last Updated On:10-Jan-2007 03:05:41 UTC
Expiration Date:21-Jul-2007 16:39:16 UTC
 
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You can ask for $100. Still way cheaper than the litigation.
 
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qwe said:
You can ask for $100. Still way cheaper than the litigation.

You may want to do some research before you post something like this.
 
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