domain Please Appraise Twittery.com

[moped]

I have a buyer who has approached me to buy this domain, how much should I ask for it?

 

[exsedo]

I understand what you are saying, but the crucial thing here is when the OP registered the domain. The creation date is not really relevant. Also, the whois has changed 38 times in 4 years ? I havn't looked at the wayback machine to see what has been hosted on it, but there could be issues there also.

 

[gilescoley]

Luke, no problem mate, my apologies if I came across strong, it wasn’t my intention. I do see your point though

My apologies to the OP if this scenario doesnt apply to him

What annoys me is so many many people on here grab names because they are confusingly similar to a well-known brand, thinking its ok. If someone honestly registers a name that is similar (but doesn’t contain the exact TM) and has a plan to develop into something totally unrelated to the other brand, I have no issues with that at all.

This name to me blatantly infringes on a TM though

Just my opinion though

 

[toptek]

A trademark does not mean the company owns the word outright and nobody else can use it. The only way Twittery would infringe the trademark is if it was used in any of the fields Twitter Inc. listed its trademark as active. Twitter Inc. is obviously aware that they do not own the word and that is why they PAID the owner of Twitter.co.uk $65.000 for instance when the guy OFFERED the domain to them. They certainly wouldn't have paid that much money if they could take it for free with a legal threat or procedure. So as long as you don't use Twittery for something Twitter.com-related, it is perfectly fine.

 

[the_poet]

This name to me blatantly infringes on a TM

Of course it does. And since Twitter is such a huge and worldwide known brand/TM, even if the owner uses it for something bird-related, it will always be obvious that he/she wants to leverage on the similarity to capture traffic.

The best thing is always to steer clear of such giants, since the bigger the brand, the more dangerous it is to play with their TMs. What surprises (and annoys) me is that even some seasoned domain investors seem to never learn the lesson and do the opposite, thinking that the bigger the TM, the more money they will make!

 

[ToplineNames]

Not necessarily. As stated, Twittery.com was registered and used in commerce prior to Twitter.com. Remember Apple paid $1million for iPhone.com
which had also been in prior use. As long as the name is not used to confuse people, it's not a clear case.