domain PJWorld.com

[DaVisionz]

I just picked this one up through name.com expiring domains. It was originally registered in 2004.

I figured i would pick it up for someone who may want to retail pajamas to the public; however, upon googling "pj world" i found it is the name of a $150 Mil palmer johnson yacht...

Let me know your thoughts.

Thanks,

 

[Cdomains]

Sounds like a trademark problem.

 

[svede]

I don't see any TM issues off the bat going by TESS (federal TM database)... The closest is "PJ'S SENTRY WORLD", but that is easily different enough... Sharing the name of a yacht is not enough to be a TM issue, especially if you stay clear of that industry (if you are concerned, do take it up with a TM lawyer! better safe than sorry..)

Realistically, this is a brandable for a "pajama store", competing with websites like pajamagram.com. It's a keyword based brandable that is fairly simple and to the point, but nothing special to me. Since it is a niche, it will be harder to find buyers - especially for higher amounts, but it isn't impossible.

My thoughts are:
reseller: low $xx - mid $xx
enduser: low $xxx - low $x,xxx (yes, brandables like this have a wide range depending on salesmanship and patience)

Hope this helps!

 

[DaVisionz]

Sounds like a trademark problem.

I don't foresee any TM issues as in my research "PJ World" doesn't appear to be Trademarked, Also, the pjworld.com domain was registered in 2004 predating the announcement of the yacht concept by 7 years.

I appreciate the input and thanks for your insight @svede

 

[Cdomains]

I don't foresee any TM issues as in my research "PJ World" doesn't appear to be Trademarked, Also, the pjworld.com domain was registered in 2004 predating the announcement of the yacht concept by 7 years.

I appreciate the input and thanks for your insight @svede

I didn't do any research, I was just going on what you wrote.

One thing about trademarks many domainers don't realize is that just because you do a trademark search and do not find a listed trademark it does not mean you are safe.

When a company uses its name or promotes a product there could be an implied trademark.

It just depends on whether the company wants to pursue the real or perceived infringement.

There is a big problem when it comes to UDRP's in that the panel that makes the decisions doesn't always do the "right thing".

Many times a domain is taken away from an owner and given away in a UDRP suit and it seems clearly unfair.

I think the system is flawed.

If a company wants to pursue you and press a UDRP suit there is no guarantee you will not lose your domain, even if you seem to be in the right.

 

[svede]

I didn't do any research, I was just going on what you wrote.

One thing about trademarks many domainers don't realize is that just because you do a trademark search and do not find a listed trademark it does not mean you are safe.

When a company uses its name or promotes a product there could be an implied trademark.

It just depends on whether the company wants to pursue the real or perceived infringement.

There is a big problem when it comes to UDRP's in that the panel that makes the decisions doesn't always do the "right thing".

Many times a domain is taken away from an owner and given away in a UDRP suit and it seems clearly unfair.

I think the system is flawed.

If a company wants to pursue you and press a UDRP suit there is no guarantee you will not lose your domain, even if you seem to be in the right.

Agreed, but it MUCH harder to win a UDRP without one and it is a lot safer and easier to sell.

Here is a good read on the subject for those interested: http://www.ivanhoffman.com/unregisteredmarks.html

 

[Cdomains]

Agreed, but it MUCH harder to win a UDRP without one and it is a lot safer and easier to sell.

Here is a good read on the subject for those interested: http://www.ivanhoffman.com/unregisteredmarks.html

OK, the domain is already registered and it is too late to change that, but if he approaches a 150 million dollar company with that name and tries to get a large amount for it he might find himself in a UDRP, and he will be up against a big company with deep pockets and expensive lawyers.

Yes, you advised not to do that, but if they get wind of it there could be trouble, this happened to me.

If you think he is completely safe just read some of the UDRP decisions made recently and you will see how unpredictable it really is.

It does not matter when the domain was registered. The UDRP panel is the law when it comes to this and they rule how they see fit.

As to the reg date, if he acquired it recently and the reg date was reset it won't matter.

What I am saying is that does not always matter to the decision makers.

Don't tell this guy he is safe. That is not a given in this particular situation.

 

[svede]

OK, the domain is already registered and it is too late to change that, but if he approaches a 150 million dollar company with that name and tries to get a large amount for it he might find himself in a UDRP, and he will be up against a big company with deep pockets and expensive lawyers.

Yes, you advised not to do that, but if they get wind of it there could be trouble, this happened to me.

If you think he is completely safe just read some of the UDRP decisions made recently and you will see how unpredictable it really is.

It does not matter when the domain was registered. The UDRP panel is the law when it comes to this and they rule how they see fit.

As to the reg date, if he acquired it recently and the reg date was reset it won't matter.

What I am saying is that does not always matter to the decision makers.

Don't tell this guy he is safe. That is not a given in this particular situation.

I didn't say he was safe - I directed him to speak to a TM lawyer to be sure. Furthermore, I DO think he will be safe if he avoids that industry, which is what I instructed him to do. If he focuses on the pajama industry he is fine. Yes, there are many UDRPs that are ridiculous and I tend to be very conservative when it comes to TM issues (just check out my other appraisals), but there are ways you can be safe. I'm speaking from personal experience and from my wife's knowledge as a lawyer, but I'm not claiming to know everything there is about TMs. If you are going to be afraid of ANY potential unregistered TM you might as well not be in the domaining industry. Unless you are talking 5+ figure domains, you are generally not even going to be challenged with non-registered TMs.

 

[Cdomains]

I didn't say he was safe - I directed him to speak to a TM lawyer to be sure. Furthermore, I DO think he will be safe if he avoids that industry, which is what I instructed him to do. If he focuses on the pajama industry he is fine. Yes, there are many UDRPs that are ridiculous and I tend to be very conservative when it comes to TM issues (just check out my other appraisals), but there are ways you can be safe. I'm speaking from personal experience and from my wife's knowledge as a lawyer, but I'm not claiming to know everything there is about TMs. If you are going to be afraid of ANY potential unregistered TM you might as well not be in the domaining industry. Unless you are talking 5+ figure domains, you are generally not even going to be challenged with non-registered TMs.

Settled

 

[DaVisionz]

Thanks for all your input! I do not intend to go hunting for buyers for this. I am aware of potential udrp issues, but no, reg date did not get reset and it still shows original 2004 reg date.

 

[deflee79]

I don't know how big the pajama niche is but this is a solid brandable and I would say end of the rainbow would be high XXX maybe low X,XXX. Good luck with it!