Domains with TM issues - Why allow them to be listed for sale?

[GiftedDomains]

the reason why it was closed on (Edited by Moderator - Rule: 1.29) is clearly mentioned : TM Names

not that i have any sympathy with snapnames after the whole Alvarez crap ......but namepros should do the same like (Edited by Moderator - Rule: 1.29) with all such names (and the other ongoing auctions like GoogleWave too) IMO

 

[JAugusto]

the reason why it was closed on (Edited by Moderator - Rule: 1.29) is clearly mentioned : TM Names

not that i have any sympathy with snapnames after the whole Alvarez crap ......but namepros should do the same like (Edited by Moderator - Rule: 1.29) with all such names (and the other ongoing auctions like GoogleWave too) IMO

If you go there, you would have to close thousands of domain auctions everywhere. And I mean everywhere.

 

[GiftedDomains]

then thousands of domain auctions should be closed everywhere. IMO
simple as that

 

[Peter]

the reason why it was closed on (Edited by Moderator - Rule: 1.29) is clearly mentioned : TM Names

not that i have any sympathy with snapnames after the whole Alvarez crap ......but namepros should do the same like (Edited by Moderator - Rule: 1.29) with all such names (and the other ongoing auctions like GoogleWave too) IMO

Ok so who would decide what is a TM issue?

Are any domains that contain a TM'd phrase be stopped from being sold? or how about domains that are similar?

Granted blatant TM infringements should be dealt with (and they are usually) but Namepros is not the TM police. Just because something is a TM in 1 industry does not mean it is in another. Is Namepros to check what industry the buyer is going to use the domain in?

Look at domains like apple.com clearly if this was to be sold on Namepros then people would either think of Apple Computers inc or apple the fruit. 1 is clearly a TM and the other clearly is not. What use is the new owner going to have for the domain?

Also a trademark can stand in 1 country however in another country that trademark is not valid. Namepros going to check each case for each potential buyer?

Now for the fact that trademarks do not need to be registered to be enforceable. Namepros to check if they can find any mention of the term that could constitute a trademark?

Now explain how you think it should be decided if something is a trademark?

 

[Mark]

Great post Peter - And exactly right :tu:

While it may be easy sometimes to recognize Blatant infringing domains - Who are we to decide ? That is something that not even Attorneys can actually tell you - They can give you their opinion(s) ... But it is really something that would have to be decided by the courts (And WIPO - ughmmm .. sorry) and WIPO etc ...

It's very easy to say "Just delete them" - It's not that easy to pinpoint which ones though ... Not to mention all other countries/languages etc ... involved in something like this.

All that being said - I do suggest members use the "Report" button on anything they feel is blatant. Please do not make comments in sales threads though as there are always "Generic" terms that can possibly be used several ways ... No need to Sales Crash in either case IMO.

 

[wwwweb]

godaddy is the worst, alot of newbie domainers there, thinking they can buy TM names and sell them to original companies for big bucks, its sad and ugly all at the same time, big time violators. Worst thing about it, when you do delete them, some fool just goes and reregisters it, starting the whole cycle over again.