Can I sell a .ca which is a huge online company in .com?

[umxca]

Hello I own a .ca domain name which is a huge online company in .com. My question is can I sell the .ca on IE: ebay without any legal repercussions?
thx in advance

 

[phantasmagoria]

depends on the word but ebay is a no go.

 

[iowadawg]

Is the company a trademark?
If you, nope.
If not, go ahead and see.

 

[umxca]

thx yes they have it trademarked but not with .ca at the end.

 

[iowadawg]

Then NOPE,....
They do not need to trademark the extension.
Just the name.
Use it, keep it, whatever....they can legally go after the owner.

 

[5dots]

I do not fully agree. According to my knowledge, Trademarks only protect the TM holder in the class they are registered for and the geographical region.

So as long as the domain owner of another extension does not use the domain in a conflicting class and/or region, there shouldn't be a problem. It's best if that is supported by suitable content on the page.

 

[iowadawg]

Try telling that to all those that used APPLE, IBM, etc in whatever extension.

 

[Abdillahi Abdillahi]

I do not fully agree. According to my knowledge, Trademarks only protect the TM holder in the class they are registered for and the geographical region.

So as long as the domain owner of another extension does not use the domain in a conflicting class and/or region, there shouldn't be a problem. It's best if that is supported by suitable content on the page.

This is not correct. The trade mark is the name. If i have trademark on this word..,waaryahe... Then regardless of what I use it for , you cannot use it. It is trouble waiting to happen.

So for the OP , you answered your question by yourself when you said Yes there is trademark.

 

[5dots]

As a TM-owner I would be glad its that easy to protect the own TM. There is a reason why there is filing for classes, countries and different types of TMs.

Big companies as mentioned above tend to register there TM in all classes and countries. And even they don't, their TM might be known all over the world and are thus protected. But this refers to their classes or type.

EG Apple: Sb. registers apple guru and puts an apple tree on that page telling how good these apples taste.
Apple has the logo, name, combination and all kinds of other designs registered. So even you just want to sell apples, you are likely to get in conflict with their TM.

With smaller TMs this won't be the case, but every small TM holder will be happy to hear the opposite.

I do not support reg. domains to damage others rights, just to be clear.

 

[umxca]

Here's an example of what I am referring to:
2 weeks ago I went to draftkings.c a and the site was about drafting, architects etc etc. With that in mind draftkings.c o m is a billion dollar fantasy sports site based in the U.S. which has the TM on the name draftkings. Now the .ca points to draftkings the.c o m. Did they pay the owner of the .ca or just force them to hand it over?

 

[jedaprin]

Look up the Who is of each website and see if its the same owner
I would say you could legally buy it and sell it, if worst comes to worst just play stupid and tell em you were planning on opening a draft company but your partner bailed and you had to sell the website

Disclaimer i am not a lawyer

 

[darknessends]

Do not register TM domains, specifically related to .com/net/org/info/us and .ca as well.
Anything closer to USA is not right. I had a really big fight with one of the top 3 internet companies on one of the TM domains and I know the entire process.

 

[jedaprin]

I own Gday.ca is this one Trouble or what ?? I paid $5 Through Namecheap

 

[darknessends]

gday does not seems to be a trademark

 

[jedaprin]

Sweet well thats a boner then there Eh!!
lol thanks

 

[5dots]

Do not register TM domains, specifically related to .com/net/org/info/us and .ca as well.
Anything closer to USA is not right. I had a really big fight with one of the top 3 internet companies on one of the TM domains and I know the entire process.

Would you share some more details?
EG

• Was there a project on domain?
• If yes, was the TM protected in your target geo location? Did the project differ from TM class?
• What did the TM holder accuse you of?
• How did it end?

Thanks!

 

[cmdomains]

Hi,

I have a somewhat similar question:

What if a dictionary term, for example "Save" (verb) is in these situations:
- not highly searched (around 3k a month)
- has a developed .com (around 2 years) and international trademark under *Nice Classifications 35, 38, 42
- you have a different version/tense of this term, say "Saved" (verb)

Questions:
- Can your "Saved" .com be offered to a company that's also under atleast one Nice Classifications above? Say, 35 but with something else -- 32 etc?
- How about all of above 35, 38, 42 and with something else -- 32 etc

*Nice Classification reference from Wipo.int

Much thanks for all inputs.

 

[5dots]

Risk 1
Generally can be said that an international TM offers a strong protection. The geo factor is out for you.

Risk 2
Furthermore you are saying that the term is only slightly different, EG plural form. That means that your term should be conflicting already.

Risk 3
You want to offer to a Company with a TM in an overlapping class. They certainly use different TM names and will always try to avoid to get in conflict with their competitor.

Here on NP most people are even careful about any kind of TM protection.
Of course there is a difference between selling and using a Name.

A NO GO. My opinion.

 

[cmdomains]

Would it make a difference if the company using Save.com (trademarked) is specializing on the Nice Classifications stated (it seems more only about Online publishing, processing, etc -- eg Facebook or Pinterest) while the Saved.com specializes in manufacturing/product development/licensing industry (eg Security Software, Website building software, or say a Hoverboard developer)?

We know that every company is using a type of Online publishing, processing etc. so there's no really way to avoid overlapping this classification?

Also, wHat if save.com and saved.com are in some other language but all situations above are the same? Would it make sense to use saved.com as a foreign language and just brand the company so that it's not relevant to anything else but your product and what the word means in relation to the product?

 

[Eriq Triumph]

Do not register TM domains, specifically related to .com/net/org/info/us and .ca as well.
Anything closer to USA is not right. I had a really big fight with one of the top 3 internet companies on one of the TM domains and I know the entire process.

This. Easiest to just walk away. I lost 3 really great .com domains via forced UDRP transfers several years ago. Lesson learned.