question Copyright/Trademark issue question

[Manifest]

Hi namepros community!


Yesterday i won godaddy auction then i searched it on estibot for almost $300k estimated value. Then when i searched on google the exact domain (without .com) i saw an existing business over my domain (same domain but .org).


I searched for it on waybackmachine and i saw the logo and pic are same also the registration date on the domain.


Then i plan to sell for $XXX,XXX. My question is if i sell that for that range, then i got a copyright or trademark issue??


Ps: Sorry for my bad english. im from 3rd world country so english is not my native language.


Thankyou!

 

[draco]

The company currently using the .org previously owned the .com, but they let it expire and you bought it?

 

[jberryhill]

It is not possible to know if you have a problem or not.

An apple is a fruit that grows on a tree. Anyone can buy and sell apples.

Apple is a very large technology company with a very well known trademark for the goods and services it provides.

If it is a word like apple, you may be okay.

Not all trademarks are common words like apple. For example, “Microsoft” only means one thing, because it is a made-up word that only refers to the large software company.

So, simply saying that you have a .com name which is the same as the name of a company in .org does not tell us whether it is more like “Apple” - which is both a common word and a well known trademark - or more like “Microsoft” which is ONLY a trademark.

 

[Manifest]

The company currently using the .org previously owned the .com, but they let it expire and you bought it?

No, i won on the godaddy auctions

 

[Manifest]

It is not possible to know if you have a problem or not.

An apple is a fruit that grows on a tree. Anyone can buy and sell apples.

Apple is a very large technology company with a very well known trademark for the goods and services it provides.

If it is a word like apple, you may be okay.

Not all trademarks are common words like apple. For example, “Microsoft” only means one thing, because it is a made-up word that only refers to the large software company.

So, simply saying that you have a .com name which is the same as the name of a company in .org does not tell us whether it is more like “Apple” - which is both a common word and a well known trademark - or more like “Microsoft” which is ONLY a trademark.

Thanks for your answer, but I researched the company that has .org they owned my domain (.com) i saw on waybackmachine that they have a logo on the first lunch on their site so what so what do i do? can i sell for like $xxx,xxx without any problem?

 

[BaileyUK]

First of all, take away this repeated thought of selling for $xxx,xxx. Then you can view the domain in its own right as stand alone. And stop being distracted by thoughts of a giant payday.

Is the domain even showing in your own account yet ?? It is the first wait-point before jumping ahead.

There could be a good reason for the .com becoming available, we can get to those later. Take one step at a time, is my advice. don't try to get answers to everything in one-bite

 

[jberryhill]

can i sell for like $xxx,xxx without any problem?

As I mentioned above, whether there is a trademark issue depends on the specific facts, and cannot be answered on the information you have provided.

Another question I would have is - Why do you think the name would be worth $xxx,xxx? Is it a name that would be of interest to a lot of potential buyers?

If the name is generally that valuable, then why you were able to obtain it through a GoDaddy auction for a lot less than that? Why was there not a lot of competitive bidding for such a valuable name?

But, if you believe the name is that valuable because it would be of high value to that one company because it is a unique or strongly-associated identifier of that company, or because many people would recognize it as being strongly-associated with just that one company, then you would be on the path toward realizing you might have a problem.

 

[mdent]

It's a business that let their .com drop, operates on a .org, and would pay $xxx,xxx to get the .com back...? I don't think that is realistic, they likely wouldn't pay $xxx

 

[johnn]

There is nothing wrong with having a big dream but some dreams will become a nightmare.
Ask for $x,xxx,xxx so you have some spare money for a lawyer.

 

[johnn]

Just ask yourself a question
If you own the .org right now would you like someone snap the com and sell it to you?

 

[BaileyUK]

Yep, At best the .org company are totally pissed-off at the moment. Not the best time to be door knocking (assuming no TM).

I'm still waiting to see if OP now holds the name. Given the way the .com drop lists are poured over . I have my doubts. More likely a Godaddy error refund

 

[jberryhill]

t's a business that let their .com drop, operates on a .org, and would pay $xxx,xxx to get the .com back...?

Oh. I took it as meaning he thinks the name is worth that for some other reason. But it’s always a disappointment when they don’t answer clarifying questions.

It seemed to me that he got the name first and then found out about the company. But it’s not clear to me whether he thinks the name is worth that much for some other reason.

 

[forge]

But it’s not clear to me whether he thinks the name is worth that much for some other reason.

OP, in first post, claimed:

"i won godaddy auction then i searched it on estibot for almost $300k estimated value."

 

[bmugford]

Hi namepros community!

Yesterday i won godaddy auction then i searched it on estibot for almost $300k estimated value. Then when i searched on google the exact domain (without .com) i saw an existing business over my domain (same domain but .org).

You won an auction THEN found out it had a $300K appraised value?

While I don't really put much faith in Estibot appraisals, you rarely see a $300K estimate.

How much did you pay for the domain?

Then i plan to sell for $XXX,XXX. My question is if i sell that for that range, then i got a copyright or trademark issue??

A company that dropped a .COM is unlikely to pay $XXX,XXX for it. They might not even pay $XXX for it.

It seems like you have some unrealistic expectations.

Back to the original question, it is impossible to answer without more information.

Brad

 

[dr manos]

It is not possible to know if you have a problem or not.

An apple is a fruit that grows on a tree. Anyone can buy and sell apples.

Apple is a very large technology company with a very well known trademark for the goods and services it provides.

If it is a word like apple, you may be okay.

Not all trademarks are common words like apple. For example, “Microsoft” only means one thing, because it is a made-up word that only refers to the large software company.

So, simply saying that you have a .com name which is the same as the name of a company in .org does not tell us whether it is more like “Apple” - which is both a common word and a well known trademark - or more like “Microsoft” which is ONLY a trademark.

Best and cleared reply ever for such cases! Thanks!

 

[VRdommy]

Trademark law comes down to a few fundamentals.

You may not profit from someones mark.

You can not use the name in a confusing way to someones mark. (even if you do not profit from it).
So that may only be a problem for the end user possibly.
Owning the name is not 'necessarily' a breach.
But begs question to who would want the name knowing this as it may have limitations on use.

It can be just all in the details and 'INTENT' and your personal history of the same.
You may not buy domain with the intent to extort it to TM holder even if it is a bit generic.

To understand this better, you should look at the history of trademark if you are going to be a domain'r.
Reading TM court dockets on occasion helps you understand the finer details..

For there are plenty of details you also need to know.
And for getting answers you can rely on, this would 'not' be a good place to do that. It's your skin in this game, not theirs. Going to take ones advice because it's what you want to hear ? Just know what you are doing and getting yourself into.

The skinny...
Stay personally informed and don't create a bad history for yourself. You might need a good history to save yourself from a oversight sometime.