Question - Would this be infringement?

[mwzd]

Hi,

Essentially we have a domain xxx.

We wanted to put up a listing service that allows paid members to list their domain names for sale. Domains can then be purchased by buyers by getting in touch with the seller.

I would like to know, in your opinion, whether this could be construed as infringement of xxx.

Though there is a clear distinction between the two - I do have alternatives but they're not .com

All comments and views are welcome.
Thanks in advance.

 

[ZeroCapacity]

Like I said before man, They are different and handle different aspects of the same field. This should be a no brainer.

You deal with new property they deal with old/foreclosures. There should be no problems what so ever in you doing this.

 

[Kate]

Read this, then you decide:

http://www.namepros.com/legal-issues-and-disputes/380695-swapnames-com-lawsuit.html
http://www.namepros.com/legal-issues-and-disputes/432179-weird-c-d-letter-enom-com.html

 

[mwzd]

Kenom has retained the name(s), just not the right to use them for domain name related services. :tri:

Swapnames has let its tm expire and handed over the name to prevent a 300K lawsuit.

But I see where you're coming from Kath, thx for the heads up. :tu:

And it seems they have a live tm for domain name auctions and sales -

And lookee here, see who owns it These are the guys who behave very sanctimonious when it comes to their names, but go around 'registering' names for 5 days coz someone searched for them on their site.

So I assume we can't use this for what we had in mind. And to answer my own question - yes it will probably be considered infringing

Do you think it would still be considered infringing if it were used as a non domain related site? Say for example baby names or something similar? (Just an example babies and jetties should be kept as far away from each other as possible imho :p )

Comments welcome

 

[Name Trader]

Do you think it would still be considered infringing if it were used as a non domain related site? Say for example baby names or something similar?

Nope. But then I'm not the complainant

 

[DNQuest.com]

So I assume we can't use this for what we had in mind. And to answer my own question - yes it will probably be considered infringing

If they can prove your "intent" of the registration, then the following question is moot . (IE-You may want to astrick out portions of the domain in this thread)

Do you think it would still be considered infringing if it were used as a non domain related site? Say for example baby names or something similar? (Just an example babies and jetties should be kept as far away from each other as possible imho :p )

Comments welcome [/QUOTE]

 

[mwzd]

I didn't register the domain, it was bought by me in a bulk deal a few months ago. I've never used the first companies services, though I have heard of them of late. And I visited their site for the first time today

But I have removed the names from the thread, thx for the advice.

I still need to know if this name can be used for other non related services or would it still be infringing. For example, suppose i use it for boat sales...?

 

[DNQuest.com]

I still need to know if this name can be used for other non related services or would it still be infringing. For example, suppose i use it for boat sales...?

Using a domain that contains a TM in a different field could be safe from a challenge, but... if that name is construed as "unique" in nature or if it proven that there is distinctiion quality about it, that could hurt you. IE- you open a store called Xerox Boats, Xerox would say that is bad and more than likely, any court of panelist will agree. Now, with this example (I know the name, but will keep if disquised). "name" is generic and descriptive and could see the usage in a naming guide, but ****ty has absolutely no purpose in it's intended use. I could be argued that the name is unique and is being used to capture traffic. For reference, lookup Perfume Bay and see how that turned out.