I've noticed an increasing trend on these boards: people are registering names that have obvious TM implications and then showing some reservation about accepting the reality of the TM domain dispute process. Sometimes there will be a C&D letter sent, other times nothing will be done by the company and other times, direct action will be taken -- either way, there is always some risk involved in registering a domain with a registered TM in the name, whether your intentions are altruistic or not. Certainly there are cases where sites are allowed to continue if they are based on communities and non-commercial promotion, however, you always remain under the specter of a dispute-- this must be factored into the registration decision. There may also be cases of a less than clear TM, and of holders trying to overrreach on their mark (see Clue.com for a good example.) The issue here, however, remains that with a bit of research, a lot of problems and wasted time can be avoided.
From ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP):
"Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights."
Ultimately, it is up to each person to factor the risk/reward of making a registration decision, but it's crucial to understand that ratio. We're all here to make good business decisions, and understand the risks of undertaking a project are a key part of that equation. There are countless quality unregistered names that don't violate a trademark. In my opinion, that is the route to go.
From ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP):
"Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights."
Ultimately, it is up to each person to factor the risk/reward of making a registration decision, but it's crucial to understand that ratio. We're all here to make good business decisions, and understand the risks of undertaking a project are a key part of that equation. There are countless quality unregistered names that don't violate a trademark. In my opinion, that is the route to go.
