Generic/brandable, but also happens to be the plural form of an American company?

[zenmushin]

I registered a domain name that could be interpreted as a generic/brandable, but it also happens to be the plural form of a major American company.

I am not much of a domain investor/reseller. I am a developer and am trying to launch a project, but I am trying to raise some funds for the project. With that in mind, I am looking to raise only a few hundred dollars for the domain.

Are there any recommendations as to how I might be able to get this into the hands of an investor, developer or the company?

 

[Name Trader]

Provided your website doesn't infringe on the companies trademarks, you are probably ok. But for me, I'd choose another name.

Disclaimer: I'm a domainer not a lawyer. If you want legal advice you should consult a lawyer.

 

[alien51]

I think the only reason you were ABLE to register that domain, is because everyone else is avoiding it like the plague due to trademark issues.

 

[infmoney]

Like alien said, there may be tm issues with the domain. Probably the only reason it was available.

 

[DnEbook]

If you approach the company you may open up a can of worms

 

[Dave_Z]

Are there any recommendations as to how I might be able to get this into the hands of an investor, developer or the company?

You can try Kickstarter. And as others mentioned, do not approach the company about your domain name.

If the company has a trademark that is quite famous, unfortunately you might have difficulty using that domain name for your intended project.

 

[zenmushin]

Thanks all.

I wasn't clear. I am not going to use the domain for my project. I am simply looking to sell it to an interested party for a few hundred dollars. I am trying to raise funds to buy another domain for a real business venture. I think a developer could develop a site that speaks to the general/brandable nature of the phrase and steer clear of the industry upon which the company holds a trademark for the singular version of the phrase.

 

[alien51]

I think a developer could develop a site that speaks to the general/brandable nature of the phrase and steer clear of the industry upon which the company holds a trademark for the singular version of the phrase.

That's possible.

However, most of your potential buyers would realize the possibility of getting sued, and they may not want to deal with that and rather look for safer names.

If you solicit the name to them, they'll think you are scamming them, because you would appear to be trying to put them in trouble.

 

[zenmushin]

Understood. Thanks for the guidance.

 

[Name Trader]

Then I'd grace delete this domain, if possible.

 

[zenmushin]

Delete it from my domain account entirely? To avoid any possible legal trouble? If I was contacted by the company, I would hand it over without any issue or fee.

Still, trademarks are only valid for their respective class of goods or services. In other words, some phrases can be used in one class, but when used in another class, I believe it is permissible. I think it is judged on a case-by-case basis.

I think the more generic of names can be had by one company for one class of goods or services, and the same name if used for another goods or service. For example, Coca Cola is very stylized and specific and I can't think of how it is applicable to other goods or services. Something like Jet Blue might be argued to be a color of hair dye, especially if a company had trademarks for other hair colors like Jet Black, etc. Maybe another more general example could be Matchbox which is the die cast cars toy company and is a generic word that describes a box of matches. Due to its generic nature, I imagine a company may be able to call their dating site or cigar company Matchbox.

Anyway, just some opinions, I don't claim to say the above is validated in any shape or form. Just wanted to keep the discussion going...

 

[Dave_Z]

I think the more generic of names can be had by one company for one class of goods or services, and the same name if used for another goods or service. For example, Coca Cola is very stylized and specific and I can't think of how it is applicable to other goods or services. Something like Jet Blue might be argued to be a color of hair dye, especially if a company had trademarks for other hair colors like Jet Black, etc. Maybe another more general example could be Matchbox which is the die cast cars toy company and is a generic word that describes a box of matches. Due to its generic nature, I imagine a company may be able to call their dating site or cigar company Matchbox.

You're partly right there. If anything, it depends on context or usage and...well...how aggressive the trademark holder is towards protecting it if ever.

The more unique and/or famous the trademark, the more likely people might confuse a domain name bearing it with its TM holder. As you noted, though, it's case to case.