Dictionary word can it be a trade mark ?

[nuco6]

i own a Dictionary domain

very popular word

But that word is shown trademark

.com of that word is a developed website from big players

i own the .info

But its 100 % popular generic dictionary domain

so what you think i should do

Thanks

 

[DNNabber.com]

I have Windows in my house but it can be and is many different registered trademarks. Just so long as you didn't register nor ever use this in 'Bad Faith" you're fine.


- Marcia

 

[nuco6]

i purchased this from expiring domain …..

 

[ExampleName]

By 'bad faith' he means specifically using the domain in a 'wrong' or 'misleading' way.

For example...

If you registered Google.xxx and set up a porn search engine that would be VERY bad faith and Google would probably have you catapulted into a volcano.

They do these things.


Apologies if you already knew that, but it looked to me like some further explanation was in order.

 

[nuco6]

google is not a dictionary word

imagine if i own apple dot info and want to sell it

will apple have a problem

my motive is to resell the domain and not to develop

 

[DNNabber.com]

google is not a dictionary word

imagine if i own apple dot info and want to sell it

will apple have a problem

my motive is to resell the domain and not to develop

Speaking of Apple, they too had some trademark issues with the their mark [ame="http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer"]Apple Corps v Apple Computer - Wikipedia, the free encyclopedia[/ame].

Trademark is not always cut and dried.


Kind regards,
Marcia

 

[nuco6]

Just pmd u hope u can help

 

[gilescoley]

I wouldn't bother with names like this, can only get you into trouble

 

[ExampleName]

google is not a dictionary word

That's not the point of the reply.

The point is what 'bad faith' would mean, since it seemed you might have thought it had to do with the initial method of registration.

 

[Ms Domainer]

*

If you owned apple dot info and set up an orchard site with a disclaimer disavowing any connection with Apple or Apple Corp. (and no TM ads), then you should be fine.

It mainly depends on your usage; if you squat on someone's brand or set up a spoof site pretending to be the company, then expect legal trouble.

A lot of companies like to use generics in their TMs and then try to overreach by filing a UDRP against a generic domain being used for its descriptive purpose.

But until there are financial reprecussions regarding reverse domain hijacking, we can expect the UDRP filings to increase.

*

 

[dnb8]

Domain is safe if you are not using this domain for services that trademark is registered for.

 

[Dave_Z]

so what you think i should do

Ummm, don't use it to essentially ride on its trademark namesake? Lots of real-life examples out there of generic words used as trademarks, namely those in your neighborhood supermarket.

Domain is safe if you are not using this domain for services that trademark is registered for.

If only it were that simple, given the OP can't (and musn't) reveal the domain here. It essentially depends on how strong or famous the mark is, and how likely are people going to be confused with it if ever.

 

[Name Trader]

Lets say, if the domain was windows.info, then you wouldn't get into trouble with Microsoft if your website was about Windows (that you put in your house) or if your website topic was something like Windows on the Web/World/etc. But you would get into trouble with Microsoft if it was a money-making site about Windows Operating System. A fan-site about Windows OS would be ok, provided there are no money-making links on the website.

But as you aren't going to develop this domain, you only want to resell it, most of that is irrelevant to you, except to remember you that if you park the domain, the parking page would invariably have links which are in breach of the trademark owners rights. So no parking to get some revenue before you make a sale.

I actually agree with Giles, the risk reward of buying/selling such domains is too high for the return you will make. It's an art form.

 

[alien51]

i purchased this from expiring domain …..

So that should be a flag. If it was a dictionary word, why was it expiring in the first place? Did you have any competitors in grabbing that domain? With so many domain sharks swimming in the expiring domain space, you probably would wonder why the sharks are trying to swim away from it.

my motive is to resell the domain and not to develop

Domaining is an extremely cut-throat business. You could see that the desperation to "resell" has come to the point that domainers have to spam the entire internet looking for a buyer.

So the question is, what are the chances that you can "resell" something that few people want, that this domain was "expiring" and you had no competitors for it?