Dominion.Domains

Question: buying the .app domain of an existing business?

Discussion in 'Legal Discussion' started by convertcontent, May 21, 2018.

Replies:
8
Views:
257

  1. convertcontent

    convertcontent New Member

    Posts:
    9
    Likes Received:
    61
    If you buy a domain like splitthebill.app and as a real company uses splitthebill.com for their business, is it legal to contact the .com owner and try to sell the .app to them?

    At first I feel like it would be illegal since they probably have a trademark for their domain. But if this is the case, then why do so many people buy domains like this? If you can't even use it, or sell it to the trademark owner, wouldn't all these types of domains still be available for registration?

    If people aren't legally allowed to use your name for domains or even usernames on marketplaces or social sites, it seems like there would be a lot more domains or usernames still available.

    I accidentally purchased one .app domain and then after the fact noticed that the .com was owned by a startup with major funding.

    So I'm wondering if I just call them up and offer it to them for free, since they own the .com. Or can I ask for a few bucks, even if it's just for the registration fee?

    Trying to use it doesn't seem like a great idea even if they couldn't sue me for it.
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. stub

    stub Top Member VIP ★★★★★★★★★★

    Posts:
    21,544
    Likes Received:
    7,067
    Provided you don't infringe on any trademark they may have. You would usually be OK. Obviously, there is no point to offer them the .app if they are not running an App.
     
  3. Jurgen Wolf

    Jurgen Wolf Top Member VIP

    Posts:
    6,552
    Likes Received:
    4,744
    Set your domain into Make Offer mode and forget... do another tasks.
     
  4. LAYNESHALE

    LAYNESHALE The Domain Junky Blue Account

    Posts:
    208
    Likes Received:
    76
    This is NOT legal advice, it is in fact just my opinion.

    Owning a domain that includes words that have Trademarks attached to them in itself isn't illegal, nor is it considered infringement in "most" cases. Trademarks include things like the companies "mark" and "logo" in particular niches of the words they choose. Trying to sell the .app domain to a company that owns a trademark in that word could easily be construed as "bad faith." First you want to make sure are aren't using the exact match mark they are claiming rights to. You also wanna make sure that you aren't using a similar logo, or similar colors to their Trademark, nor do you want to use it in the same niche because that is textbook infringement.
     
  5. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

    Posts:
    1,790
    Likes Received:
    1,992
    People eat Tide pods too.

    Why do so many people light fireworks in their buttocks?



    Go ahead, search the words "fireworks" and "butt" on YouTube. There are THOUSANDS of them just like that one. You could literally spend your entire day doing nothing other than watching people light fireworks in their buttocks.

    And, mind you, these people also know how to work computers and smartphones, and post videos to the internet.

    People register domain names too.
     
  6. biggie

    biggie Top Member VIP ★★★★★★★★★★

    Posts:
    8,710
    Likes Received:
    7,021
    lmao

    that one had me crackin-up, Sir

    well said!

    :)


    imo...
     
  7. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

    Posts:
    1,790
    Likes Received:
    1,992
    I mean, my goodness, if you decided to run your life the way "a lot of people on the internet do", then you are in for some unpleasant surprises.

    Why do so many people get out of their cars at drive-through wild animal parks?

    Hey, now HERE's a lot of people doing something fun:



    I mean, most of them don't even get hurt!

    Heck, a game the whole family can play:



    People do all kinds of insane crap. Be your own example. If you want to make the BEST choices in life, be sure to have a lot of alcohol around. It makes you smarter, funnier, and more able to perform complex physical challenges.
     
    Last edited: May 26, 2018
  8. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

    Posts:
    11,517
    Likes Received:
    7,622
    While owning a name that someone else has trademarked might not necessarily be wrong, contacting the company with the TM will get you in trouble every time.

    Again they don't have to go the UDRP route where you don't respond and just lose the name. They can come after you under the ACPA for $100,000 plus.

    Even if you win a UDRP you could still lose big time, http://tldinvestors.com/2018/03/winning-the-udrp-doesnt-always-mean-youre-done.html
     
  9. convertcontent

    convertcontent New Member

    Posts:
    9
    Likes Received:
    61

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!

Share This Page

Lysted
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...