I Bought a TDmarked Domain

[sleepysentry]

Without realizing it was trademarked, I registered fortunecity.info yesterday.

Though it has many possible uses, there is a web hosting company called fortunecity.com that owns the trademark for the name.

I was thinking about selling the name in the forums here, but then realized fortunecity.com might want it and pay me more.

Do you think fortunecity.com would be interested in my name? How would I go about contacting them so I don't get sued for cybersquatting?

In addition, do you think fortunecity.info even falls under the trademark since the trademark is for fortunecity.com? Here is a link to the trademark.

 

[bobdigital]

delete it from your account.
consider it a $7 lesson.

 

[liquidcherry]

I agree with bob, take it at a $ lesson.....(i don't hope you paid $7 for an .info?)

The good thing in my opinion is that you realized(and admitted, not easy to do) that this is a TM thing.....kudos to that.

But you might have a better chance to get almost all of your money back, depends on your registrar....Moniker allows you to drop a domain in a 5 days period(for example you mispelled it), you just have to pay 0.25 cent.... and i heard Godaddy is doing the same thing, don't know what they charge....

Anyway, just an reminder , first check if your desired domain has a TM

Cheers,

Frank

BTW, don't even think about approaching them....tat's a NO NO...

 

[Fka200]

I agree with bob, take it at a $ lesson.....(i don't hope you paid $7 for an .info?)

The good thing in my opinion is that you realized(and admitted, not easy to do) that this is a TM thing.....kudos to that.

But you might have a better chance to get almost all of your money back, depends on your registrar....Moniker allows you to drop a domain in a 5 days period(for example you mispelled it), you just have to pay 0.25 cent.... and i heard Godaddy is doing the same thing, don't know what they charge....

Anyway, just an reminder , first check if your desired domain has a TM

Cheers,

Frank

BTW, don't even think about approaching them....tat's a NO NO...

Agreed.

 

[labrocca]

1. You registered the name in good faith unaware of a TM and it's usage.
2. You then acknowledge a TM but understand you could use the domain for other purposes.
3. Then you realize you can profit by selling to TM owner?

Someone from step 1-3 you broke their TM and now are in a bad legal position. At step 1 you could have done just about anything with the name. At step 2 you should stayed with the idea of using the domain for your own purposes. At step 3 you are in clear violation of FortuneCity's TM and have now become a cybersquatter which is punishable by up to $100k fine.

Enjoy.

In case you need a step 4.

4. Find your moral compass

 

[vslevin]

Without realizing it was trademarked, I registered fortunecity.info yesterday.

Though it has many possible uses, there is a web hosting company called fortunecity.com that owns the trademark for the name.

I was thinking about selling the name in the forums here, but then realized fortunecity.com might want it and pay me more.

Do you think fortunecity.com would be interested in my name? How would I go about contacting them so I don't get sued for cybersquatting?

In addition, do you think fortunecity.info even falls under the trademark since the trademark is for fortunecity.com? Here is a link to the trademark.

Don't sell it here, and don't sell it to Fortune City. They have a trademark, they wouldn't have to pay you a penny for it, they can legally obtain it from you.

If you registered it from Godaddy or Moniker, delete the domain for a credit.

 

[sleepysentry]

Well, I'm not a cybersquatter yet because I haven't actually offered to sell the name to fortunecity.com, and I won't now.

Now that I thought about it, I doubt Fortune City would be interested in my name considering fortunecity.org, .biz, .us, .co.uk, and more are all taken and owned by different people.

 

[Keith]

Dont delete the name! I have had the same issues in the past. You can do a couple different things:
1. contact the TM holder through administrative contact and tell them you regged the name by mistake and are offering it to them simply for your cost.
2. check if they own all other exts. If they do not, you may be ok as long as the info you put on the site doesnt conflict with the TMs product.
3. Hold the name. Do not park it and hope someone offers to buy it. There are many people willing to take a chance.

Good luck with whatever you decide!

keithmt

P.S. I have sold 9 names this year to TM holders. Everyone for a profit! They are willing to pay because it costs $1200 up front to fight for the name.

 

[DNQuest.com]

P.S. I have sold 9 names this year to TM holders. Everyone for a profit! They are willing to pay because it costs $1200 up front to fight for the name.

hmmm.... should I comment or not? or do we all know what this practice is called?

 

[netfounder]

delete it from your account.
consider it a $7 lesson.

Agree.
otherwide develop it.
This name is not bad

 

[Spade]

In case you need a step 4.

4. Find your moral compass

My compass is pointing South? Is that a bad thing...

lol - love that line.

 

[stscac]

You should be able to get the domain deleted and get your money back if you only did it yesterday

Take a look into that, I know moniker let's you do that

-Steve

 

[Keith]

hmmm.... should I comment or not? or do we all know what this practice is called?

Being new to the domain world, I purchased several available names that I found out were TMs. I didnt intend to infringe on anyone. In any case I decided to hold them since they were already paid for. If you can cancel and get your money back that is great but if you are past that point, just hold it. At minimum you will get your money back.

And yes we know what the practice is called. Mistakes will happen as nobody is perfect. You do not have to lose your money though because of your mistakes.

keithmt

 

[DNQuest.com]

It is good you learned and it seems you have learned. But... (hee hee), a person CAN pay for thier mistakes. And at minimum, you could not get your money back, they can get it with you not getting anything in return. Additionally, there could be penalties that can be levied against you if a TM holder really wants to push the issue (btw- the maximum fine is $100,000.00 per domain, plus attorney fess for both sides, punitive damages, all earnings on the domain, etc...). Though there is a difference in what could happen and what will happen, just know there is a possibility what could happen.. will. There are at least 2 members here in recent times where the TM holder would not settle and are pushing it through the courts and not UDRP. Then again, even after UDRP, a TM holder can take you to court for financial relief after they win UDRP.

Being new to the domain world, I purchased several available names that I found out were TMs. I didnt intend to infringe on anyone. In any case I decided to hold them since they were already paid for. If you can cancel and get your money back that is great but if you are past that point, just hold it. At minimum you will get your money back.

And yes we know what the practice is called. Mistakes will happen as nobody is perfect. You do not have to lose your money though because of your mistakes.

keithmt

 

[Keith]

It is good you learned and it seems you have learned. But... (hee hee), a person CAN pay for thier mistakes. And at minimum, you could not get your money back, they can get it with you not getting anything in return. Additionally, there could be penalties that can be levied against you if a TM holder really wants to push the issue (btw- the maximum fine is $100,000.00 per domain, plus attorney fess for both sides, punitive damages, all earnings on the domain, etc...). Though there is a difference in what could happen and what will happen, just know there is a possibility what could happen.. will. There are at least 2 members here in recent times where the TM holder would not settle and are pushing it through the courts and not UDRP. Then again, even after UDRP, a TM holder can take you to court for financial relief after they win UDRP.

Ok, assume they do go after you for having a name that is TMed. Cant you just drop the name? If you let the name go how can they take you to court?

keithmt

 

[DNQuest.com]

Ok, assume they do go after you for having a name that is TMed. Cant you just drop the name? If you let the name go how can they take you to court?

keithmt

You steal a car.. then you return it, does that mean you no longer can be arrested for stealing the car?

To save yourself time, money and headaches, use the search box in the legal section and type in "trademark", then read for a week. Then type in "tm" in the same serach box and read the threads you may have missed. Just about every senario and penalty has been covered here.

There is no "sorry, my bad" if the TM holder wants to make an example of you. You may want to read about the "Lanham Act" too, there you can get a frip on the penalties if ever taken to court.

 

[labrocca]

Ok, assume they do go after you for having a name that is TMed. Cant you just drop the name? If you let the name go how can they take you to court?

keithmt

wow are you in need of a serious education on some BASIC priniciples of law

 

[Keith]

wow are you in need of a serious education on some BASIC priniciples of law[/QUOTE
I have never regged a TM name intentionally. Sometimes mistakes are made. Maybe I should have been a TM lawyer. :hehe: All I am saying is he can most likely get his reg. fee back. He even said it wasnt in bad faith.

keithmt

 

[sleepysentry]

If I were to transfer the name to a registrar outside of the United States where there is no trademark, could I still get into trouble?

 

[Dave_Z]

If I were to transfer the name to a registrar outside of the United States where there is no trademark, could I still get into trouble?

If you're both in the US, yes. And if it's a domain name where its Registry is
based in the US, the trademark holder still has means to possibly get it.