trademark Can you sell trademark domains if the trademark isn't globally recognized?

[Chris Hydrick]

I'm wondering if you could sell a domain such as Segway . tld?

I was informed that it wasn't globally recognized, therefor it could be sold.

This is interesting, because I thought if a domain had a trademark, you couldn't sell it. When I googled segway definition, google included that it was a trademark.

If it is not a globally recognized TM, then you am allowed to sell a TM domain?

Thank you in advance.

 

[forge]

To digress a little bit, any opinion here about my TM domain name? Given that the original TM owner has only registered the DN in .de. Please educate me.
Picaldi.com

You can start another thread for that. This discussion really isn't the place.

 

[BaileyUK]

No problem -I was just trying to be helpful

 

[nothere]

so much ink spilled...geez. Stay out of trademarks, especially made ones.
If you have apple.com and want to talk about apple, the fruit, you can do it if you are careful. But best to hire a lawyer to sell it to Apple...a minefield.

 

[sme]

Remember this : "price cures all ills".

Just Believe in me : You can only sell TM domains at cheap prices to TM holders.

 

[Chris Hydrick]

@Ategy.com ---

@Ategy.com - Thank you for noting that I am trying to be helpful. That is my underlying intent here.

Here's the thing, it doesn't appear that you had just sold Segway // dot // co. According to: https://www.namepros.com/threads/12-domains-7000-estibot-60-years-2-4m-exacts-generouslover-com-androidworld-org-metrix-co.1050753/ it looks like the auction is still live (though close to closing) and you are actively selling segway // dot // co on NamePros. I appreciate the fact that you are donating 20% of the proceeds to help the Lyons, and empathize with you raising vet bills for little steamie [get well soon steamie!] And with that said, I would have considered bidding, however, after noting the sale would have include a trademarked domain, I did not want to [bid up] or validate the sale of a trademarked domain on NamePros. Earlier this month, I notified a member was selling a trademark domain, and immediately the cancelled their auction, and emailed the trademark owner offering to relinquish the domain free of charge. I'm not a lawyer, but in good faith, I would recommend you to do the same [or just delete / don't renew the domain / don't park segway ads].

Update: @Ategy.com has updated his auction to offer the winner a 1/12 discount if they are concerned with purchasing segway dot // co. This auction is ending soon.

I noticed the other domains in the auctions have parking links. Except segway // dot // co has this landing page.

 

[Ollie3000]

TMs are a minefield and NPs is great to get advice and help from others. This leads me into this....

Someone on here is trying to sell a small portfolio for $300 - I commented that some of the domains are definite TMs of an absolutely massive global company and the the NPs mods removed my comment...

''comments are not allowed in sales threads / thank you for understanding''

I don't think this was right - we should be able to comment and warn others. My comment was a one line, something like...

''Definite TM issues with BAE domains''

And the portfolio is still for sale.

 

[Silentptnr]

You wouldn't want to be the one holding the bag when/if trouble comes. If you've go $$ to spend and tons of choices, a tm type domain should be very low on the list....it at all.

 

[creataweb]

TMs are a minefield and NPs is great to get advice and help from others. This leads me into this....

Someone on here is trying to sell a small portfolio for $300 - I commented that some of the domains are definite TMs of an absolutely massive global company and the the NPs mods removed my comment...

''comments are not allowed in sales threads / thank you for understanding''

I don't think this was right - we should be able to comment and warn others. My comment was a one line, something like...

''Definite TM issues with BAE domains''

And the portfolio is still for sale.

You have to use the REPORT button in the thread. Then the mods will sort it out.

 

[Chris Hydrick]

You have to use the REPORT button in the thread. Then the mods will sort it out.

Hypothetically speaking, what do you do if you report it and reviewer reject the report?

Would you create a thread such as this, with the hopes that a pro such as @jberryhill would respond, and help you gain a greater understanding of trademark domains?

 

[strugar]

It isn't completely black and white however. Specific made up words do tend to have stronger trademark rights (I couldn't tell you the actual legal reason). For example "Microsoft" would be harder to justify owning than "Apple".

I have been using a Betfair API trading platfrom called The Geeks Toy since its creation (actually, it changed the name later on, but I like to remember it under its original name). Application owner was apparently fan of Carlsberg beer, and it inspired him for slogan "Probably the best betfair trading application in the world".

A few year into existence, the owner announced at the forum that Carlsberg contacted him and asked to remove his slogan, as they had trademarked slogan "Probably the best beer in the world". He tried negotiating, but they didn't want to listen, so he replaced "Probably" with "Possibly" in his slogan.

Alright, he was not using a single word, but entire similar slogan here, but still, it was completely different industry, he even promoted Carlsberg with that slogan, yet he had to turn it down. Crazy laws, I don't get it...

 

[offthehandle]

Alright, he was not using a single word, but entire similar slogan here, but still, it was completely different industry, he even promoted Carlsberg with that slogan, yet he had to turn it down. Crazy laws, I don't get it...

Nike has “Just do it”, your friend starts advertising for a moving company “just move it” or the old coke ad: “It’s the real thing”, your friend makes up an online hip hop jewelry store using “It’s the real bling”.

Brand protection people might find out. Or might not. and will argue it with you in or out of court with intimidating legal arguments if they find out. Why risk it?
What if you friends company became highly successful borrowing a phrase? The legal system if you fight it will chew up all the earnings. Just a thought.

 

[frank-germany]

Nike has “Just do it”, your friend starts advertising for a moving company “just move it” or the old coke ad: “It’s the real thing”, your friend makes up an online hip hop jewelry store using “It’s the real bling”.

Brand protection people might find out. Or might not. and will argue it with you in or out of court with intimidating legal arguments if they find out. Why risk it?
What if you friends company became highly successful borrowing a phrase? The legal system if you fight it will chew up all the earnings. Just a thought.

don't fight with the real big guys

but you asking about TM domains
there are millions of TMs
you have never heard of

 

[lock]

The reason people put trademarks on things is so others do not profit from their name. If someone wants compensation for damages it will not be based on how much you sold it for.

 

[Michael Ehrhardt]

a Trademark is not an international LAW !

Coffee has more than 800 trademarks
even the email sign @ is trademark

a Trademark is an Invention from People to misuse other People !

 

[Ace3coiner]

a Trademark is not an international LAW !

Coffee has more than 800 trademarks
even the email sign @ is trademark

a Trademark is an Invention from People to misuse other People !

Do your think I can get away with "Ripple+word" domain names? I was just worried Ripple as a crypto has trademarked this name?

 

[ctmixing]

I'm wondering if you could sell a domain such as Segway . tld?

I was informed that it wasn't globally recognized, therefor it could be sold.

This is interesting, because I thought if a domain had a trademark, you couldn't sell it. When I googled segway definition, google included that it was a trademark.

If it is not a globally recognized TM, then you am allowed to sell a TM domain?

Show attachment 73554

Thank you in advance.

Trademarking "Segway" and "Segway.com" is 2 different things. If someone trademarks Segway, that means that you can buy Segway domains and sell it.

A good example of a "SMART" company who did it the right way is Priceline.com. If you look up their trademark you will see that they trademarked "Priceline.com"

If mcdonalds let their domain expire and you scooped it up. Then decided to use the name for a computer software, the hamburger company can't do anything.....

 

[ctmixing]

I have been reading cases where the udrp is snatching alot of domain names from people. I wouldn't be surprised if people start suing them personally and winning in federal court!

 

[creataweb]

Trademarking "Segway" and "Segway.com" is 2 different things. If someone trademarks Segway, that means that you can buy Segway domains and sell it.

A good example of a "SMART" company who did it the right way is Priceline.com. If you look up their trademark you will see that they trademarked "Priceline.com"

If mcdonalds let their domain expire and you scooped it up. Then decided to use the name for a computer software, the hamburger company can't do anything.....

Doubt that.

 

[xynames]

All depends on likelihood of confusion and good versus bad faith use, assuming that the TM is valid in the venue where the domain is registered / used. Beyond that, pay a professional or expect that the free advice you get might be worth what you pay for it.

 

[ctmixing]

Doubt that.

You don't understand trademarks then

 

[creataweb]

You don't understand trademarks then

Lol. So you think if McDonalds accidentally dropped their domain and you scooped it up and built a computer website on it, that would void them getting it back? Sure thing.

 

[ctmixing]

..

 

[ctmixing]

Lol. So you think if McDonalds accidentally dropped their domain and you scooped it up and built a computer website on it, that would void them getting it back? Sure thing.

Explain to me in legal terms why you can't?

 

[creataweb]

Explain to me in legal terms why you can't?

Lol. Srsly?

 

[ctmixing]

Lol. Srsly?

yes