Need a legal opinion.

[matthewdale]

I picked up a trademarked term on a lower tld.

As an example let's say I bought Facebook.net.

The name is from a huge company with a clear trademark and I think this one just somehow slipped through the cracks. Is there anything I can do with it? Can I reach out to the company and let them know I have it and would release it at a very reasonable price? Can I get in trouble for even owning it if I don't try to develop it or profit from it? Thanks,

Matt

 

[WritersWrite]

"Need a legal opinion" means you should consult with an attorney.

Until you do, do not contact that company under any circumstances.

 

[Kate]

Contact your registrar so that they delete the domain.

 

[matthewdale]

WritersWrite - Fair point. Maybe a better way to phrase it... Has anyone dealt with this type of situation before? What was the outcome?

 

[Dave_Z]

WritersWrite - Fair point. Maybe a better way to phrase it... Has anyone dealt with this type of situation before? What was the outcome?

You'll get different responses for those questions. Very few (if any) luckily worked out while others didn't, so there's no consistency. One consistent thing, though, is it depends on the trademark holder.

A Google search might give you some clues on how that trademark holder handles such issues.

 

[alien51]

Normally, UDRP cases against you will not cost you money. You'll just lose the domain, that's all. Yet the other side pays a UDRP Fee just to get your domain.

If this is a medium to small-sized company, if you offer them a price less than the UDRP Fee, then they might just pay you and get it over with.

For large Facebook-type companies that have their own Legal Department on their payroll, they probably would rather pay the UDRP Fees than give the money to you. Paying you even for chump change, would just encourage this kind of unsavory domainer practice.

In many other cases, they may just ignore you. They will let you keep the domain. You keep paying the renewal fees for as long as you can. They will just wait until you use the domain for criminal infringement, take you to Court and ask for financial damages from the Judge. If you are living overseas, prosecuting you might be a little difficult and impractical. So they are more likely going to pay the UDRP Fees at that time when you start becoming a pain in the ass to them.

By the way, it is possible for you to get a black eye mark on your name at WIPO as a person with history of domain infringement. Which means, every time you get into a dispute with domains, you might likely lose all the time.

 

[RelativelyGenius]

"Need a legal opinion" means you should consult with an attorney.

Until you do, do not contact that company under any circumstances.

enough said...i agree.

 

[Rado_Ch]

Normally, UDRP cases against you will not cost you money. You'll just lose the domain, that's all. Yet the other side pays a UDRP Fee just to get your domain.

If this is a medium to small-sized company, if you offer them a price less than the UDRP Fee, then they might just pay you and get it over with.

For large Facebook-type companies that have their own Legal Department on their payroll, they probably would rather pay the UDRP Fees than give the money to you. Paying you even for chump change, would just encourage this kind of unsavory domainer practice.

In many other cases, they may just ignore you. They will let you keep the domain. You keep paying the renewal fees for as long as you can. They will just wait until you use the domain for criminal infringement, take you to Court and ask for financial damages from the Judge. If you are living overseas, prosecuting you might be a little difficult and impractical. So they are more likely going to pay the UDRP Fees at that time when you start becoming a pain in the ass to them.

By the way, it is possible for you to get a black eye mark on your name at WIPO as a person with history of domain infringement. Which means, every time you get into a dispute with domains, you might likely lose all the time.

Very sound advice @alien51 . If I can just add on that, as far as I see OP mentioned that we are talking about a clear trademark from a large company. So trying to sell them a domain infringing that is the single most erroneous thing you can do. People can sometimes get away with it if they sit with the domain, trying to get unnoticed, however trying to make money from the exact same company whose name you are infringing is the single solid proof of acting in "bad faith" and they will get the domain in no time. Just delete the domain or leave it as it is doing nothing on it. Should that company contacts you, assist them in transferring the domain to them.

 

[Archangel]

In a nutshell: if you KNOW it's a TM and you register it anyway, it can be seen as bad-faith, as you knew it was a no-no from the start. Delete it ASAP. Even the earlier suggestions of selling it cheap to avoid legal disputes really wouldn't be worth damaging your rep over.

 

[RelativelyGenius]

Exactly the remedy.
If I may add, he should get in the habit of treating "oopsies" like this in the manner Tyler Durden handled anything related to Fight Club.

 

[Archangel]

Definitely. We all make mistakes. Learn and move on

 

[Name Trader]

I'd take everyone's advice and grace delete it.

 

[serryjw]

I picked up a trademarked term on a lower tld.

As an example let's say I bought Facebook.net.

The name is from a huge company with a clear trademark and I think this one just somehow slipped through the cracks. Is there anything I can do with it? Can I reach out to the company and let them know I have it and would release it at a very reasonable price? Can I get in trouble for even owning it if I don't try to develop it or profit from it? Thanks,

Matt

Matt, You MAY pick up a few dollars but what is it going to cost you in a tarnished reputation? This is a small industry with powerful, opinionated people ...You probably don't want to be on his wrong side.

 

[matthewdale]

Thanks guys. Appreciate the feedback. Will drop the domain