Can I sell a abcd.net to abcd.com owner if abcd not trademarked?

[Nihar Khurana]

Hi All,

Its a newbie question. Pardon me if its been asked before.

Suppose i find an active website abcd.com and also find that abcd.net is available.
Then I properly check trademark247.com and dont find any trademark on website name "abcd"

So can I buy a domain abcd.net specifically with the intention to sell it back to the owner of abcd.com ?
I assume that my intention here is considered in Bad Faith but since there is no trademark on abcd , Can I do this?

Thanks!

 

[KDN]

Yup! I'd say go for it.

 

[jberryhill]

The problem here, as is the problem with a lot of domainer issues, is this notion of what people think they mean when they say "trademarked".

Whether someone has a trademark, and whether someone has decided to register their trademark, are two different things.

First, the commercial database you mention covers registered US marks. Is it primarily a US company?

But, more importantly, do they use "ABCD" as a mark? Whether it is a registered mark is entirely secondary to the point that what you are suggesting is not going to be considered by them to be some sort of welcome occasion.