Buy domainname.com with website

[oberheimer]

Hello, I'm interested in buying a domainname.com and see that there are some new trademarks for that word.
Is it possible to buy the name and use the old content on that site to avoid trademark complications or what are my options?
The content from that site is over 10 years old and in the same tm category.

 

[jberryhill]

and see that there are some new trademarks for that word

Could you perhaps flesh out that part a bit more?

What do you mean by "new trademarks", and where are you seeing them?

and use the old content on that site

You are also considering buying the rights to the content in addition to the domain name?

 

[oberheimer]

Could you perhaps flesh out that part a bit more?

What do you mean by "new trademarks", and where are you seeing them?

You are also considering buying the rights to the content in addition to the domain name?'

Thanks for the help.
There are a few trademarks from last year that are registered in the USA, Canada, EU, Brittain, and Switzerland (same company).

I guess I can try and buy the right to the content. If I can buy the right to the content would I be able to use that name?
I know it's impossible to say without knowing all details. I'm just trying to figure out if it's. worth my time.

 

[GigStartups]

Thanks for the help.
There are a few trademarks from last year that are registered in the USA, Canada, and EU, Brittain, and Schweiz (same company).

I guess I can try and buy the right to the content. If I can buy the right to the content would I be able to use that name?
I know it's impossible to say without knowing all details. I'm just trying to figure out if it's. worth my time.

A company est. in more than few countries, and do you expect it to sell their main website? Good luck!

 

[jberryhill]

There are a few trademarks from last year that are registered in the USA, Canada, EU, Brittain, and Switzerland

Are these registrations or pending applications?

What sort of mark are we talking about here? Is it otherwise a dictionary word arbitrarily applied to goods or services for which it is neither descriptive nor generic? Is it a fanciful, made-up term? Is it in some way descriptive of the goods or services? Is it a well-known mark?

Do you plan on using the domain name for the same or related goods and services, or do you plan on using the domain name for something else of which it is descriptive?

These are the sorts of things that would need to be known in order to get anywhere near an answer here.

If I can buy the right to the content would I be able to use that name?

There's no way to answer that question without more information.

 

[oberheimer]

Are these registrations or pending applications?

What sort of mark are we talking about here? Is it otherwise a dictionary word arbitrarily applied to goods or services for which it is neither descriptive nor generic? Is it a fanciful, made-up term? Is it in some way descriptive of the goods or services? Is it a well-known mark?

Do you plan on using the domain name for the same or related goods and services, or do you plan on using the domain name for something else of which it is descriptive?

These are the sorts of things that would need to be known in order to get anywhere near an answer here.



There's no way to answer that question without more information.

5 are filed and 2 are registered. It's a dictionary word. 1 of the filed trademarks are just the word and the other use that word and a word related to that category (goods and services)
From what I can see those filed trademarks are for new projects.

I can pm you the rest, I don't want to give out to much details here. It would be a lot easier for you. I hope it's ok that I send a pm

I plan to use the domain name for the same goods and services

 

[oberheimer]

A company est. in more than few countries, and do you expect it to sell their main website? Good luck!

What do you mean?
The owner of that domain name does not own a company. It's a personal webpage on that name.

 

[alcy]

sounds like an expensive name

 

[jberryhill]

It's a dictionary word.

You skipped a bunch of questions.

In what, if any, way does the dictionary meaning of the word relate to the goods or services of the trademark applicant?

If it is a dictionary word, then the most obvious thing would be to use the domain name for some purpose relating to its dictionary meaning, or at least advertise the domain name for its value as a dictionary word. I've posted a number of examples of this sort of thing, such as gingham.com, hai.com, and others.

5 are filed and 2 are registered.

Are you located in any of those countries and, if so, has the application been examined in the relevant office of your country?

Apart from these filings, are the goods and services recited in any of them actually on sale anywhere? And, if so, where?

 

[jberryhill]

I can pm you the rest, I don't want to give out to much details here. It would be a lot easier for you.

I discuss various topics in this forum to help provide insight into what kinds of things might be of interest in various domain/trademark quandaries, for what I hope are educational results.

Legal advice, unlike a forum discussion or PM's on some forum software that might be readable to any number of people, is confidential. When you seek advice from an attorney, you have a right to confidentiality, and the attorney has a duty to maintain your confidentiality. For that reason, it is not possible to provide legal advice on a public forum without engaging in malpractice.

I'm happy to discuss general issues, things that might go into analyzing a given issue, and the occasional specific example, on the forum. But I do not practice law via forum posts or PM.

If you are looking for individual legal advice, please feel free to send me an email (like it says in the footer of everything I post here). I'll be happy to let you know if you have a simple question or let you know how much of my time I might spend providing you with an answer. And, by "simple question", I mean one with a simple answer. There are often questions which are simple to ask, but answering them requires some thought and research.