Domain Names and Trademarks

[Iceboie]

I was searching for some good domains few days ago and since some of the new "Foreign Domain Extensions" does not have any restrictions attached, I searched and found some popular COMPANY TRADEMARKS that were not registered yet and so, I told myself what the heck and bought a few.

Now that I got my new domains, I was ready to find a company to host them and so I went to a few message boards such as this one to see some of the consumers' reviews regarding to hosting companies. While searching and reading, something caught my eyes about LEGAL TRADEMARKS, DOMAINS, and CYBERSQUATTING.

I am still a n00b regarding to DOMAINS and so I was wondering since I bought the domains that DOES have popular name TRADEMARKS, am I doomed to be sued?

I was thinking since I cannot get a refund for my domains which I legally bought, what can I do with them?

I cannot sell them since it's illegal and I cannot use them because that are TRADEMARKS even though they are not COMs, NETs, or ORGs, well I think.

Do I just take my lost and let the domains expired?

Any thoughts?

 

[Peter]

How long ago did you buy them? Do the domains match the trademark 100% can they have other uses?

If you only bought them within a few days you may be able to contact the registrar and ask they be returned to the registry and get a refund but that will depend what the extension is and who the registrar is.

If you cannot get a refund you could still ask for the domains to be returned to the registry.

You are not doomed to being sued for owning a trademarked domain. Usually a company will firstly send a you a cease and desist order. If you do not comply with that then the next usual step is a UDRP. The result of a UDRP can be that you have the domains taken from you, no financial rewards can be given to the victor of the UDRP. If the company so chooses they could take you to court and sue you but this is generally a last resort but the penalties (depending on your country) can be extremely severe.

There are many people here who can give you much better advice but be advised if you take advise ALWAYS check it before acting upon it. For example there have been many cases on this forum (and many others) of people without knowing anything about the law etc advice you offer to sell it to the company. Doing this can demonstrate that you are aware of the trademark which is potential evidence in a UDRP or any legal proceeding.

 

[Iceboie]

I bought them few days ago and I'm in the US.

 

[Peter]

I bought them few days ago and I'm in the US.

Contact the registrar ASAP if you wish to get rid of them and ask them if a refund is possible. Many extensions have for example a 5 day window in which you can cancel a domain and get a refund. Some registrars will impose a fee for doing this but it is a lot less than the registration fee.

 

[Iceboie]

The domains are exactly as the companies names to the letter such as "NIKE.(foreign extension)".

Let me write an email to the Registar company explaining the situtation and polite to ask for refund.

Thank you for your advice. REPPED.