End Users & Trademarks

[m1xolyd1an]

Hi Everyone,
I'm new to the board, long time reader, just recently posting...

I've been scouring through expired domain lists and backorders, and I've been finding a lot of names like "joescarwash.com" or "bettysbakery.com", or business dba's (doing business as) names.

I've also been using a tool that might be helpful to other's as well... www.Manta.com is a database full of almost every business in the United States and their contact, phone#, address and business owners name. My day job is in finance and lending, and we use this site everyday.

Anyways, I want to contact these business owners regarding the domain names available. Will this spark any trademark issues?

I mean if I find, JoesCarWash.com is available and then I find Joes Car Wash, LLC in some state. Would anyone advise against trying to sell them the domain name?

Is this something I would need to worry about or is the whole trademark issue regarding names like Ipod.net or Nintendo.org?

 

[DavidH]

Hi Kyle,

Even small companies can have trademarks so you would need to check each domain name first.

If no trademark is registered, then I would approach the appropriate end user and offer the name for say $200 - $300 - if you have got it for reg fee or near reg fee, that is a good rate of return for you and a good opportunity for the end user, ie a win-win situation.

Even better is if they already have the dot net name, especially if they already have a developed website on it.

Good luck.

David

 

[Dean]

A TM doesnt have to be registered, a common law TM may exist so be careful.

 

[bizcorp]

TM issues are always an issue with domains. I would stay clear, getting into a legal battle on trademarks etc is not worth it.

 

[Blake]

In addition to the above posts here is a great website to see the outcomes of trademark cases and a very good reference point for your questions

http://www.wipo.int/amc/en/domains/decisionsx/index-gtld.html