FerrariMiami.com - TM or not?

[mls-domains]

Quick question, is domain FERRARI MIAMI . C O M an TM infringement or not?

If i plan to resell it to a Ferrari dealer in Miami area.

I saw there are alot of websites named like that PaganiMiami.com , LaborghiniMiami.com what you guys think?

 

[nomen]

Not an expert, but I think the issue goes down to you owning it and trying to sell it, i.e. trying to profit from 'Ferrari' mark. Might be a different case if you in fact were a Ferrari dealer.

 

[mls-domains]

Thanks for reply.

As i did research most of domains like that are regged "luxurycarname"+location.com from some quite time now, some of them are a live websites leading to a retailer in this areas, some are just parked.

ex. ferrarinewyork ferrariLA (you can check also some other brands like lamborghini, pagani etc.)

What if i make a simple site on it that gonna search for Ferrari retailers around Miami (just for now)

 

[johname]

Massive TM plus a place that luvs and can afford the cars. All trouble in my opinion.

 

[S-B]

It's a TM problem that I see on cars all the time. Saw a MercedesCT.com sticker just yesterday.

 

[S-B]

It's a TM problem that I see on cars all the time. Saw a MercedesCT.com sticker just yesterday.

I take this back.... It was a dealership sticker evidently. :D

 

[venturefile.com]

A TM for sure.. Avoid such names at all cost that is the best rule of thumb..

 

[mls-domains]

I understand that this can be a trouble.

However if i really create a site that gonna locate Ferrari dealers around Miami, or a forum for Miami Ferrari owners, what then?

Thats a legit use of it in my thinking that doesnt harm their TM, even more it helps promote it

 

[johname]

What happens is you put time and money into it, then Ferrari decides you are a flea biting on their butt and they take the domain away from you. Your reasoning for legit use wont stand against their fancy lawyers and the panel's common sense.

 

[mls-domains]

Im not planning to put time and money towards it, well maybe 0.99$ reg fee i paid + 15 min to configure webserver.

If they come to me asking for it, ill just let it go or maybe in meantime one of Ferrari dealears from Miami might buy it

 

[iowadawg]

People and the domains they register.
TM for sure, and then people will find some way to say that it is not if I do this or I do that.
And one day, wake up to the fact that the TM holder is suing their butt.

 

[DU]

Im not planning to put time and money towards it, well maybe 0.99$ reg fee i paid + 15 min to configure webserver.

If they come to me asking for it, ill just let it go or maybe in meantime one of Ferrari dealears from Miami might buy it

That's funny... why ask if you're going to ignore the advice? A cheeky wink emoji doesn't make it ok.

"Is it ok to have sex with women that don't say no?"
"No it's not ok"
"I understand it can be trouble but if I intended to ask and I thought she wanted to, that's legit right? I mean, not saying yes isn't the same as no, is it"
"No it's not ok"
"Well let me just plan to use roofie I have, maybe one of them might agree without me using it "

 

[enlytend]

However if i really create a site that gonna locate Ferrari dealers around Miami, or a forum for Miami Ferrari owners, what then?

Authorized dealers are often allowed to use the brand name in their domain. You are not an authorized dealer - different rules.

 

[hawkeye]

..Thats a legit use of it in my thinking....

Well you just keep thinking! Because that makes everything ok and legit. good grief..

 

[urljunky]

Quick question, is domain FERRARI MIAMI . C O M an TM infringement or not?

If i plan to resell it to a Ferrari dealer in Miami area.

I saw there are alot of websites named like that PaganiMiami.com , LaborghiniMiami.com what you guys think?

Just DELETE IT. You don't want the headaches. Or open a Ferrari dealership in Miami.

 

[mls-domains]

Thank You all for all the replies

Its not like i dont care about them and i still gonna do opposite. I found this name available by accident, and im still a rookie so i decided to give it a go. Overall i understand TM issues and i stay away from domains like that.

Im not gonna develop it anyway, ill try to do a quick flip on it, if this not gonna work, i just gonna drop it.

 

[Name Trader]

This is a HUGE TM issue. The only thing I think you could do with this domain apart from delete it, which I would recommend, would be to sell Ferrari Strawberries (or something else if Ferrari Strawberries is already trademarked). And even then, Ferrari is such a well known trademark, they might still have reasons to take it with a UDRP. If they were being particularly vicious, they would take you to court, where the penalty is $100,000 per infringement. Can you afford that?

 

[N-A]

Im not gonna develop it anyway, ill try to do a quick flip on it

Why put an unsuspecting beginner in the same shoes that you're in now after being educated? That is unethical in any way you look at it.

Why drop it and hope nobody comes looking for it within a year (but it is out there a lot more now that you posted it here) rather than delete it and take a $1 loss as opposed to an unethical $1+ gain?

If you have $100,000 to burn, stumble onto some cheap LLL.com names.

 

[iowadawg]

Keep in mind, reselling it will get you clear.
Whether you make money or not. that is still an option.
Just do not try to sell it here on namepros.
Decent sales copy, DP is the place to unload any domain.

 

[Name Trader]

Selling a TM name doesn't end any liability under the TM laws. The TM owner can come after both the seller and the new owner.