Need legal advice on tvc.pt

[rafaelo0]

Hello i am the owner of tvc.pt

.pt is a country domain for Portugal.

I was thinking on selling this domain to a portuguese tv channel that has the domain/website tvcine.pt i feel like its a good upgrade for them so i search the Portuguese trademark database and they have a keyword trademark for tvc1 tvc2 and tvc3 there was also a trademark for tvc but its expired and belong to a dressing factory.

My question is if i contact the tv channel asking them if they want to buy tvc.pt will i be infringing in tvc1 tvc2 or tvc3 trademark? can they sue me?

Thanks in advance

 

[rafaelo0]

bump

 

[Hypersot]

I truly believe you need to consult someone that is a professional in legal matters.

I mean, think about it for a second, what would you do if someone posted in this thread that everything is ok... would you go and contact the company just because someone told you is ok?

Sorry if I'm not helping here but that's what I'd do if I was in your position

 

[rafaelo0]

Thanks for the response.

I understand what your saying and agree with you.

But i dont have the funds to hire a lawyer at this moment and if i had to go seek advice from a lawyer every time i had a question about trademarks i would be broke.

Would be nice to have actual lawyers in this forum with a thread for this little questions so they could help.

And i also blame a bit on trademarks registries, trademark laws are insane now a days it's supposed to protect your brand not to go search for anything they could associate to infringement so they can make a bit of money from someone who didn't even know he was infringing in a trademark.

 

[Hypersot]

Ah, but here is the thing; Your case is not a normal 'trademark' case as in, I don't believe the domain tvc infringes on anything just by existing.

The problem arises when you decide to offer it to the actual tv company that owns the trademark. Will they be ok with that or will they be aggressive? .. that's why I believe you need a professional who knows the pitfalls and can ride with you.

I understand your thinking about the costs but , I don't know, would you risk following any random user's advice? .. even if he's a lawyer. I mean, you will be the one that pays if something goes wrong :/

I do find it strange that they haven't approached you first though. I suppose you hold the name for some time. One would think that they would be interested in such a short totally appropriate name.

 

[GoKaizen]

https://www.dns.pt/en/domains-2/domain-rules/preamble/

https://www.dns.pt/en/domains-2/arbitrare/

https://www.arbitrare.pt/en/index.php

 

[dordomai]

My question is if i contact the tv channel asking them if they want to buy tvc.pt will i be infringing in tvc1 tvc2 or tvc3 trademark? can they sue me?

yes and yes.

If you market a non-generic name to a TM holder be very careful. I would not recommend contacting a TM holder, with a non-generic domain matching their TM, ever. At least not before getting legal advise.

 

[rafaelo0]

Thank all of you for your feedback im very grateful.

To be honest i already know the answer was just looking for some feedback of other experience and sincere domainers. To decide if this domain is truly worth my time and if i should really proceed in seeking out a lawyer for legal advice.

I see great potential in this domain and benefits for the tv channel, if i contact them with the intention in selling they can sue me. Probably they'll be passive and wont take ta action and even buy the domain or refuse but there is always a slim chance they can be aggressive and proceed with legal measures. Even if its just a slim chance they'll be aggressive i would never take that chance without a professional lawyer legal advice.

@Hypersot thanks for all your feedback. Actually this domain is one of my recent purchase's, i bought this domain about a month ago. But i think the tv channel didnt reach out because they still think this domain is owned by a clothing company but this company is out of buisness for quite some time.

But you see the benefits and potential that the tv channel can have by owning this domain to cant you?

 

[Kate]

Hello i am the owner of tvc.pt

.pt is a country domain for Portugal.

The good news is that .pt is now unrestricted... anybody can buy one. You no longer have to be Portuguese or TM holder.

I was thinking on selling this domain to a portuguese tv channel that has the domain/website tvcine.pt i feel like its a good upgrade for them so i search the Portuguese trademark database and they have a keyword trademark for tvc1 tvc2 and tvc3 there was also a trademark for tvc but its expired and belong to a dressing factory.

I think there should be more than one 'obvious' end user for this one.
Perhaps TV Cabo could be interested, I know they are active in Angola and Mozambique, Brazil perhaps. Are they active on mainland Portugal ?

But I think you should not buy a domain if you are not sure you could do something with it, imagine if it doesn't sell. Do you have a backup plan ?

My question is if i contact the tv channel asking them if they want to buy tvc.pt will i be infringing in tvc1 tvc2 or tvc3 trademark? can they sue me?

It's always risky. Also, the standard for establishing bad faith varies from one ccTLD to another. Some are strict and forbid speculative registrations (eg .dk), others are fairly relaxed. I don't think .pt is overly strict but not sure.
Personally I would not approach end users, I would wait instead.

Disclaimer: this is not qualified legal advice.