Consequences of Registering Trademark Domains

You may succeed if you had no knowledge of the mark being already used, though unregistered. The knowledge can be presumed based upon your location and the location of the Trademark owner and any other evidence available during the UDRP proceedings !

 

I have had this happen they do it so you don't sell to others just jack up the price if they spent the money on trade mark they will sooner or later drop it or cave in. Reality is your the intellectual owner they are trying to lift it.

 

1)

If I parked my apple site with ads relating to music, I assume that breaks trademark?

2) Target (as an example), trademarked dictionary name, they sell anything from groceries to clothes to televisions. Does that mean their trademark covers almost all commerce?

 

Definite cybersquat.

I'd throw that baby back into the domain name ocean.

 

I have bought a domain from godaddy, kamasutracrazy.com
will the kamasutra word in it be an infringement to the trademark thing??
Iam willing to sell the domain instead of developing it
plz put some light on it

 

You okay on the kama sutra.
Though the domain to me is useless.

 

How and when did kama sutra get trademarked next steamed rice and kungfu will be trademarked by a westerner.

 

hi, am a newbie, i checked the trademark for 'lastsold' and found out that 'last 10 sold' existed- the status is 'dead' because it was cancelled in 2013. is my domain, 'lastsold' ok?

 

Seems a great domain.

 

I thought the term 'domain name' is generic? I checked it up with uspto.gov and got 77 entries with 'domain name +words '. can one then say 'domain name' is trademarked and cannot be used by every other person? i'm confused on this term.

 

I had KindleStore.co.uk
Then I got a 200 page letter from Amazon's legal team in the UK who bought it rather than take me to court.
I'm sitting on a big one at the moment, being new & naive. I am seriously thinking of approaching the company to tell them I have it but I have also noticed legal firms using the word in their domain names trying to get work to pursue for damages as it is a medical treatment.
So not sure what to do, if a registered law firm is using it they must be aware.
Any advice would be helpful.
Just been reading about newbie mistakes, sounded like someone familiar, but good advice.
Many thanks.

 

Thanks this thread has helped me out a lot. I was a tad worried about TM issues with a few of mine but I think I'm okay.

 

I got letter from smiley.com company to ask me to stop using domain freesmileyfaces.com because my domain has their trademark word “smiley”. What you guys think about this case?

 

Nice try? What part of their business is free. I bet they just want your hard earned traffic. Unlawful claim imo.

 

I did some research and found out they fought with Walmart about Walmart using the smiley face in their commercials.

 

I'd imagine you saw the same article I read, but this is all that matters. "Loufrani fought with Walmart for years, but the Trademark Trial and Appeal Board eventually sided with Walmart." from a CNN money article.

I googled whether or not you can trademark a name and here is the short response "Maybe. Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service"

I'm not an expert on trademarks but I have done reading on subject. Just to cover my own bum, you should seek legal advice. But if I were in your shoes I would ignore it. If you do more digging on "smiley" and smiley faces they have existed since 2500BC. I think that would be on your side and help you out as well. The only area I think you might run into trouble is if you were copying his products/faces exactly.

 

Every newbie need to read this thread fully. This is a very very informative thread about issues in registering a trademark domain. Many peoples were shared their views and insights in details. Thanks, all of you who contributed to this thread.

 

Hi, I'm new and want to register domains for sale.
1. You say that if I, for example, register a domain with the word apple, but I don't sell phones and computers and sell apples, I won't have a problem. But I only register the domains to sell them, I don't use them, and there is nothing on them. In that case, can I have a problem, or will it be up to the person after buying it, then what will it sell in it and what will it use for it?

2. If I use words by combining them like newhome.com, gaminglaptop.com newphones.com and the like. Can I accidentally infringe on a copyright or trademark. Words like phone, laptop and the like are common words and I don't know how to make sure one of the words or all does not match any brand or infringe any copyright?

3. If there is a domain named newhome.com and I register newhomes.com or there is a domain named goodnews.com and I register newsgood.com will there be a problem?
I don't want to steal domains or abuse brands like apple or microsoft, just by accident I may have registered a domain similar to another or trademark with common words like newhome, newphone, newphones, gaminglaptop and more


So I ask here not to break the law. I want everything to be legal. Thank you all !

 

Another part I need to Learn in domain industry to avoid getting into any trouble . Thanks for the information.

 

Hello

What about LLL domains? Most of them are trademarked

 

What does each trademark cover? It certainly doesn't cover every industry.