Partial TM Match

[12345]

So let's say I owned a name like BlueRiver . com and there is a company that has an active trademark for Blue River Water Company. Do they have a legitimate claim to this name?

 

[Ms Domainer]

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It depends how you use the name. If you park the page and it's filled with Blue River Water Company ads, then you may be looking at the bad end of a UDRP.

However, if you build a site about the geographic Blue River, then you should be okay.

A caveat: if the TM is a made up word, such as Verizon, then you could be in legal difficulties, no matter what.

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[12345]

Thanks for your response.

What if I just want to sell it to them (Blue River Water Company)?

 

[Ms Domainer]

Thanks for your response.

What if I just want to sell it to them (Blue River Water Company)?

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You could be looking at a bad faith ruling, especially if you query the company.

If they query you, it becomes a bit murkier. In that case, quote a price that's below the fee for filing a UDRP, which is $1,200.

I'm not a lawyer, so take this advice cautiously.

FWIW.

If it's a major domain (worth big $$$$ - and beyond), you would do best to consult a trademark lawyer.

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[12345]

Yeah, I would be looking at getting mid $xxxx for it. The $1200 for the UDRP doesn't take into account paying a lawyer to actually file it and make a case which would add thousands of dollars.

I will probably wait for them to make the first move and I think they will since there is a decent amount of type in traffic.

Thanks again for your advice.