H-A-W-X.com

[Tomi-gwc]

Hi, i have the domain h-a-w-x.com - seems pretty crap but there is a new game coming out soon called H.A.W.X http://hawxgame.us.ubi.com/home.php

If i was to try and sell this domain on eBay or where ever is this Ok?

 

[evertonian7uk]

seems alright to me, its kind of generic and isnt infringing on there game TM, just remember, if you get a C&D and then sell it, your still responsible,

dont go offering it to UBISOFT

 

[Tomi-gwc]

Thanks for the reply

What is a C&D?

On close inspection of their website i noticed this...

H.A.W.X, Ubisoft, Ubi.com, the Ubisoft logo, and the Soldier icon are trademarks of Ubisoft Entertainment in the U.S. and/or other countries.

This would imply that they have TM'ed H.A.W.X not H-A-W-X?

 

[labrocca]

Why do you own H-A-W-X.com? What do you plan to do with it?

The reg date is just a couple weeks ago. Were you aware of the coming game?

 

[Dave_Z]

Were you aware of the coming game?

Kudos to the OP if s/he admits that. :D

 

[Tomi-gwc]

I bought it after hearing about the announcement of the game and was going to develop it into a non-profit community forum for players of the game when its released. Now I'm having second thoughts and would like to sell it...

 

[ckdomain]

Most likely this is TM infringement. I remember reading that someone with Paris all hypened got a c&d from the paris comity.

 

[Tomi-gwc]

If i was to get a C&D can i surrender the domain without trouble?

 

[evertonian7uk]

since you planned to use it towards the game, that could land you in trouble, contact ubisoft, tell them you had planned to make a community for the game, but have now realized that this could cause TM issues, tell them you want to give them the name, and ask them nicely for a free copy of the game in return lol

personally, if you develope in someway non related to there game, you might get an offer???

 

[Tomi-gwc]

Was that a serious suggestion about contacting ubisoft or would that be signing a death wish? And the point is that i don't want to develop i want to sell.

 

[evertonian7uk]

no it was a serious suggestion, contact them, tell them you want to give them the domain, then maybe you'll get a free copy of the game,

you wont get into trouble for surrendering it to them,

the point is that i don't want to develop i want to sell

the domain cost you what $10?? maybe you'll get something free for your troubles maybe you wont, who knows, but you wont get into trouble for offering them the domain, if they say they dont want it, then your clear

 

[Tomi-gwc]

Thanks for the help! I will contact them now

I sent them this just now.

-------
Dear Ubisoft,
upon hearing about the release of your new game H.A.W.X i set about registering the domain H-A-W-X.com to build a no-profit, online community for the game. Recently I decided i no longer wish to develop this website due to too many commitments. I was thinking about selling the domain to another party, this is when it occurred to me that i could be infringing on your trademark. Hence, the reason for this email.

I would like to clarify with you if i am infringing your trademark or not. I apologies if i have and either way i would like to offer you the domain for free. Thanks for taking the time to address this issue and i look forward to hearing from you.

Yours Sincerely
James Clarke

 

[DNQuest.com]

Thanks for the help! I will contact them now

I sent them this just now.

-------
Dear Ubisoft,
upon hearing about the release of your new game H.A.W.X i set about registering the domain H-A-W-X.com to build a no-profit, online community for the game. Recently I decided i no longer wish to develop this website due to too many commitments. I was thinking about selling the domain to another party, this is when it occurred to me that i could be infringing on your trademark. Hence, the reason for this email.

I would like to clarify with you if i am infringing your trademark or not. I apologies if i have and either way i would like to offer you the domain for free. Thanks for taking the time to address this issue and i look forward to hearing from you.

Yours Sincerely
James Clarke

Just give it to them now. (fyi- never send a letter like this, you admit their TM, you admit to trying to sell it, you admit there could be a problem, you admit to not using the domain, you admit registereing it because you heard of the game coming out).

 

[Tomi-gwc]

The emails never sent, i believe that ubisoft no longer has email support... anyway i have decided to give the domain away to another party.

 

[evertonian7uk]

to be fair to the OP, his email wasnt bad, he admits to regging the name, but is doing the right thing by offering it to them, grated he shouldnt of put selling in there, but ubisoft, if interested can see he's doing the right thing imo.

 

[DNQuest.com]

I can see the innocense of the email, but what I posted is how it could be interpreted by the alleged TM holder and how an innocent email could be used against you. And given the fact the domain was only registered for a couple weeks, the defense of "developing" could be shot down since the OP is trying to resell the domain already and that developing is only an excuse to appear to be "fair use".