NameSilo

Domain avail. Tm abandoned.

Labeled as question in Legal Discussion started by DNtopia, Oct 25, 2018.

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  1. DNtopia

    DNtopia Established Member

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    Hello so I've stumbled on a domain that was once in use some 8 years ago. I belonged to a well known retailer who was sold to another bigger retailed around 2008. The company eventually went under with a mix of lackbuster sales and sexual harassment accusations to the original owner. The domain is avail to purchase and it seems the tm have all but been abandoned ... From what I can tell the units are all closed and the company no longer does business. I've always liked the name and would like to ressurect the essence of the shop online.

    What can I do here. Should I even bother? Thoughts? Like to add the company overall was in business for over 30 years before being bought out early 2000s.
     
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  2. Jay Ha

    Jay Ha Exploring.. Gold Account

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    Then reg it.
     
  3. DNtopia

    DNtopia Established Member

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    I understand but I wanted to know if anyone has any suggestions more than a simple thing search to ensure I'm not stepping on any wires. I don't want to be spending 2k only to get a cd letter.
     
    Last edited: Oct 25, 2018
  4. MadAboutDomains

    MadAboutDomains Active Member VIP ★★★★★★★★★★

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    There are lots of posts on this forum about checking for trademarks, eg:
    https://www.namepros.com/threads/trademark-check.1105767

    Also, consult a lawyer if you're really concerned... or teach yourself how to take reasonable steps to mitigate against the risk of receiving a cease and desist letter.
     
  5. NYJimbo

    NYJimbo Domain Re-Animator

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    $2000+ is the price ? If you are this worried, then no, do NOT buy it.
     
    Last edited: Oct 25, 2018
  6. DNtopia

    DNtopia Established Member

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    Got it. Ok. I'm on the fence about it but I guess I'd have to get a lawyer involved if anything. Thanks for all ur suggestions.
     
  7. Jay Ha

    Jay Ha Exploring.. Gold Account

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    If a USPTO application or registration shows a status of DEAD or abandoned on TESS (Trademark Electronic Search System), it means that specific application or registration is no longer under prosecution or pending within the USPTO, and would not be cited by a trademark examiner against an applicant.
    Source: http://filingfortrademark.com/m.caniuseadeadtrademark.html

    However,
    Just because a mark is listed as “dead” at the USPTO, does not mean it is available to use without registration, or to register. It's possible that the registrant of the trademark abandoned the federal trademark registration, but is still using the mark – and so still has common law trademark rights.
    Source: https://www.yospinlaw.com/2015/05/18/can_i_register_or_use_a_dead_trademark

    But since you stated that the previous TM holder ceased operations in early 2000's, my opinion is that you're on the safe side. Although I'd still consult an IP lawyer -as the guys mentioned in the above replies- just so I can be 100% sure since by the looks of it, it seems that you want to do business using their name AND whatever service/product they used to offer.

    As for the adverse news related to that business and its owner, people have a short memory so you should be fine regardless.
     
  8. stub

    stub Top Member VIP ★★★★★★★★★★

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    I agree with @Jay Ha who is assuming this is a US company. But I would suggest you lookup Trademarkia for any current TM's also. Just to be sure they are ALL Dead. However. Just because the TM has expired does not mean that they still don't have any trademark rights to the use of the TM term. They might still have rights which are unregistered. If they do have any TM rights unregistered. I'd think they would be more than a little pissed off if you start using the domain name to undertake the same kind of business as they were using the TM for. If they took you to court, the punishment can be up to $100,000 per each infringement. This ain't funny money.
     
  9. DNtopia

    DNtopia Established Member

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    Yeah I may avoid it. Too much risk perhaps here ...
     
  10. Corey

    Corey ZAZU.com.au Gold Account VIP ★★★★★★★★★★

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    Trademark abandoned? based on what?

    Cheers
    Corey
     

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