Possible TM Issue?

[Jose Cuervo]

I won an auction on TDNAM for a domain that sounded like a good name for a basketball-related Web site. I finally got the name in my account today, so I proceeded to park it. I thought I'd park it until I have the time to develop it.

Right after I did, I thought I'd search Google to see if any sites link to the domain name. Sure enough, the domain name came up first in the list of results with a TM next to it.

I checked USPTO to verify, and it really is trademarked. So I unparked the domain and forwarded it to one of my sites instead.

My question now is, "What do I do?"
- Do I contact the TM holder and offer it for sale?
- If I develop it into a basketball-related site, will I still get into trouble? The TMed product is for a health supplement and (guess what) one of their endorsers is an NBA player.
- Do I just keep forwarding it to my other site?

Any suggestions?

 

[IAmAllanShore]

I don't suppose there is any other use for the domain aside from the NBA/basketball related?
-Allan

 

[Jose Cuervo]

I think I can find other uses for it, if there's a possible TM issue in this scenario.

Incidentally, I received an email inquiry about the domain name this morning. He didn't say it clearly, but he's asking about how much I charge for "ownership transfer". I wrote back and asked him to clarify if he's offering to buy the name (just to gain more time to ask you for advice before negotiating the price). I'm not sure if he's the TM holder or not.

How do you guys usually handle a situation like this? If he says he wants to buy the name, how much you think I should ask for?

 

[DNQuest.com]

Well, I like to check for TMs BEFORE i do anywthing with a domain, that saves times, money and hassles.

As far as what to do, unfortunately, no one can answer that clearly without kowing the name. See basketball related could be a team name, a player, Air Jordans, NBAxxx, etc. Depending on the name depends what you can do. You might be able to make a fan site out of it, you might want to take the first offer you get. You need to weigh the pros/cons of teh name and decide what you are willing to do.

In other words.. i dunno

 

[Jose Cuervo]

Thanks for sharing your thoughts, DNQuest.

Apparently, several people want this name. I received $XXX offers from three different individuals a few hours after I got the domain and redirected it to my site.

Maybe I'll wait for a few days and see if I get more offers.

 

[liquidcherry]

Hi,

Maybe the people who offered to buy where bidders on tdnam and didn't get the name?

Than i would triple my price to them....just kidding


Good luck

Frank

 

[Dave_Z]

Apparently, several people want this name. I received $XXX offers from three different individuals a few hours after I got the domain and redirected it to my site.

Maybe I'll wait for a few days and see if I get more offers.

If you finally decide to deal with any of those parties, tread carefully.

 

[IAmAllanShore]

If you finally decide to deal with any of those parties, tread carefully.

Very carefully.

Something doesn't smell right with the situation - whether it be the details or the account of what transpired...

-Allan

 

[Ronald Regging]

Im not sure why anyone would be in an auction for a domain, decide not to spend more than the winning bidder, and then email the winner a day later offering more for it than they probably could of won it for? I guess it could happen if someone decided after the fact that they really wanted it, but 3 people? I dont know. I'd be weary.

 

[Jose Cuervo]

Very carefully.

Something doesn't smell right with the situation - whether it be the details or the account of what transpired...

-Allan

I gave all three a BIN price and told them that if no one takes the BIN, I'll sell it to the guy will the highest offer.

Sorry for being dense. What are the "bad things" that could possibly happen in this situation?

 

[DNQuest.com]

Why do I feel like people are just messing with me now??? lol

 

[Jose Cuervo]

Lol! What makes you feel that way?

 

[smartpc]

Murphy`s law...what can go wrong will go wrong

 

[MyPGP]

Use the domain name as an e-mail address. tell people you are a fan of the subject if you're asked. That would be fair use.

 

[Jose Cuervo]

I finally got rid of it for $700. Before I received the full payment, I was on my toes all the time. I was expecting that the TM holder would email me.

It's out of my hands now. Thanks for the pieces of advice. :D

 

[DNQuest.com]

Not to rain on your parade, but you are still legally liable if they were to come after you... Even though it may not happen, it still could.

 

[liquidcherry]

well, at least he has 700 bucks to cover his lawyer fees of $700000 when they come after him

Cheers,

Frank

 

[Jose Cuervo]

Lol! I'm keeping my fingers crossed.

 

[Jose Cuervo]

I visited the URL, and guess what? The original content is back.

It looks like it was the owner who bought it from me. They probably forgot to renew it, and didn't know how to get it out of the redemption period.

I just got lucky they were willing to pay me to get it back, instead of going to ICANN.