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.

 

[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.

 

[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

 

[ctmixing]

read the previous posts or search archives. i doubt someone will waste an hour to write it again...

I wasn't talking too you

 

[ctmixing]

According to the Lin

This covers all the specific legalities:

http://www.wipo.int/amc/en/domains/search/overview3.0

Your overlooking this..... " the complainant must show that its mark has become a distinctive identifier which consumers associate with the complainant’s goods and/or services."

If mcdonalds drop their domain name and I register it and start a company using that domain name in a business that is unrelated to their goods and/or services .... they can't do anything.

When you register a trademark you have to specify what "class" your registering your trade mark in. There is hundreds of different classes. If you register that name in a unrelated class you good.


for ex: www.nickiminaj.com vs www.mypinkfriday.com

If what all thinking was true, I doubt she would be using mypinkfriday.com instead of nickiminaj.com

 

[ctmixing]

Say McDonalds forgets to renew and a name expires. If they want the name back, because they screwed up and you want to argue it, good luck.

You can spend all the money you want to argue it in court.

If I was to do that and lost in court, I strongly believe it would be a morality thing. Not a legal.

 

[ctmixing]

because you neglect the exceptions that are made for famous brands

*** my last reply before you commented

"If I was to do that and lost in court, I strongly believe it would be a morality thing. Not a legal."

 

[frank-germany]

*** my last reply before you commented

"If I was to do that and lost in court, I strongly believe it would be a morality thing. Not a legal."

at least for german trademark law
as far as I know

you will lose based on law
and not on misfortune

--
I am not a laywer
no legal advice

 

[cooljub]

Even when using a trademarked name in the area of the trademark, things aren't clear cut. The trademark owner has the power to protect it as they see fit.
I had a small site with "apple" in the domain for some years, offering upgrades, repairs & servicing for Mac computers. I wasn't an "Apple Authorised Service Provider", and made it clear that I wasn't affiliated to Apple Inc. I also stated that for "in warranty" repairs the user should contact Apple, and I provided a link to Apple's own service page.
I'm sure Apple was aware of my site, but I think they saw that it was just a local guy fixing their "out of warranty" Macs.

 

[frank-germany]

Even when using a trademarked name in the area of the trademark, things aren't clear cut. The trademark owner has the power to protect it as they see fit.
I had a small site with "apple" in the domain for some years, offering upgrades, repairs & servicing for Mac computers. I wasn't an "Apple Authorised Service Provider", and made it clear that I wasn't affiliated to Apple Inc. I also stated that for "in warranty" repairs the user should contact Apple, and I provided a link to Apple's own service page.
I'm sure Apple was aware of my site, but I think they saw that it was just a local guy fixing their "out of warranty" Macs.

what are ou trying to prove
just because nobody sued you
that doesn't mean its legal

 

[offthehandle]

Debating selling or using trademark names like this, even if it is borderline shows why as with all things in life a few people mess it up for the rest. The few ruin PR and misrepresent the rest of the populace.

The Domain investor industry is on the fringe, first reaction with many people you meet when asked what you do their response is “So you are a cyber squatter”.

Just like what the media portrays this sometimes. So we all become lumped together as domain name squatters. Only these stories of squatting make it to the public eye and main stream news. Now, add in trademark infringement, and another black eye.

I see the globalization of business and of the UDRP, bringing more risk to legitimate domains and trademarks registered worldwide and coming from anywhere and like some guy in Denmark selling flowers wants to take Queen(.)com from US based Rick Schwartz.

I have been reading many clear violations of TM in UDRP reading lately and see as John pointed out most of the arbitration is against clear violations. Tons of domains transferred to the TM owner corp used to sell fake Viagra, fake gucci purses, ipad/iphone traffic names, typo squatting, etc.

Segway is a trademark. Never should have been registered or sold imho.

 

[cooljub]

what are ou trying to prove
just because nobody sued you
that doesn't mean its legal

I just thought it might be relevant to the conversation. I think that buying or selling trademark names is asking for trouble. I regged the name before I knew much about domaining. This was perhaps an example of how the trademark owner might have used discretion, and didn't demand that I take the site down or relinquish the name.. probably because I was offering a service on their machines, and definitely wasn't making much money out of it

 

[frank-germany]

I just thought it might be relevant to the conversation. I think that buying or selling trademark names is asking for trouble. I regged the name before I knew much about domaining. This was perhaps an example of how the trademark owner might have used discretion, and didn't demand that I take the site down or relinquish the name.. probably because I was offering a service on their machines, and definitely wasn't making much money out of it

most probably they didn't sue you
as they didn't come to notice you

now please pay a lawyer a few thousand USD s
and only after that
come back to the discussion

or get a a legal degree
whatever you may choose

- I have done version 1

--

I am no lawyer
no legal advice

 

[offthehandle]

As an Apple comment, not sure who is aware here, but I recall reading this years ago, the irony is that birth and name Apple Computer was in conflict with the Beatles Apple records TM, so in fact Apple Computer started out being an infringing company themselves. As I recall, they promised not to enter the music business. So iTunes store made them renegotiate after being sued again. Found this article below. It says they entered the music went back and forth to court settling to buy the Apple right rights for $500 million.

https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

 

[frank-germany]

Does anybody know a good us trademark lawyer
I need to file a trademark myself

 

[ctmixing]

I always said too myself that if any company tried to take a domain name from me I would sue their a**. Way to go telepathy. More domain investors need to use their heads and stop laying down like rugs.

https://domainnamewire.com/2017/11/28/telepathy-scores-40000-reverse-domain-name-hijacking-case/

 

[offthehandle]

I always said too myself that if any company tried to take a domain name from me I would sue their a**. Way to go telepathy. More domain investors need to use their heads and stop laying down like rugs.

https://domainnamewire.com/2017/11/28/telepathy-scores-40000-reverse-domain-name-hijacking-case/

Excellent news. Great defense, too bad the settlement had not been higher to set an example for others attempting the same.

 

[Shabeeb co]

I have Taylor swift .me .I have no idea About Trademarks connected to Domains