advice Registered a Trademark Domain of a million $ company

[DeliDomains]

By mistake I have registered a trademark domain with a .ch extension (LLLL.ch) which I found in a closeout list.

On research I found out that the company's website LLLL.com is a Chinese internet company offering services of a search engine, advertising, online gaming and others. With a revenue of USD$850 million in 2011 about 8000+ employees and alexa rank of 27 (2015). The company is NASDAQ listed and Trademarked in US,

Please advice what my next step should be. Offer the domain to the company at a price ? or just drop the domain?

It was lot of hard work to find this domain going thru hundreds on the list. I want to make it count.


Thanks much,

 

[hawkeye]

Well since you know already the domain is trademarked and who they are, their value and what they do, you could go with your first step..and pray they don't make an example out of you. Or, you could go with your second step, the safe and respectable way, and call it a lesson learned. Your call.

 

[jamaltq]

If you can, make it private registration.

 

[DeliDomains]

I know this was a mistake, but a honest one thou,
Will it be any fruitful if i take it to their table??

 

[Kate]

By mistake I have registered a trademark domain with a .ch extension (LLLL.ch) which I found in a closeout list.

A mistake ? But you had a reason ? What was it ?

 

[enlytend]

Drop it and move on. Or tell them you registered it by mistake and offer to transfer it to them for free. Offering to sell it to them gives them evidence of bad faith on your part, should they choose to pursue the matter through legal channels. A company that size will have lawyers on staff. Consider it a lesson learned.

 

[Hypersot]

Just curious,
how can a 4L name be infringing if there is no indication from the OP that he has used it in a niche similar to the affected company?

as long as there is nothing on that name's landing page indicating relation to the company, I think the OP should be fine, am I wrong?

 

[DomainGist]

This is a really interesting topic, because China don't really participate in international copyright / trademark agreements do they?

Certainly wouldn't have anything to do with Icaan, and I'm not sure a US court would have any jurisdiction to determine over a .cn domain. A question for a trademark expert I suppose, preferably a Chinese one!

Presumably the worst that would conceivably happen is that they'll open a dispute domestically with the Chinese domain administration, which is a government department, and they will force you to hand over the domain?

 

[LucidDomains]

.ch is not China. It's Switzerland. Just because a company has a TM in the US doesn't mean they have TM in every country of the planet. It's totally up to you how you proceed from here, but I wouldn't approach them unless they approach you first. Can you apply the LLLL name to something else other than what the TM classes are specified for. There are so many ways to interpret TM law. I'm not a domain lawyer, but if it was me and I needed clarification I would consult one. You can drop it if you feel comfortable with that or just try and sell it and be done with it. But one thing I wouldn't do is contact them for an offer! This indicates your registered it in bad faith to extort them and you may get screwed by ICANN or a lawsuit or whatever else.

Good luck!

 

[DomainGist]

Ah, for some reason I read .cn, must need an eye test.

 

[PuSin]

.ch is not China. It's Switzerland. Just because a company has a TM in the US doesn't mean they have TM in every country of the planet. It's totally up to you how you proceed from here, but I wouldn't approach them unless they approach you first. Can you apply the LLLL name to something else other than what the TM classes are specified for. There are so many ways to interpret TM law. I'm not a domain lawyer, but if it was me and I needed clarification I would consult one. You can drop it if you feel comfortable with that or just try and sell it and be done with it. But one thing I wouldn't do is contact them for an offer! This indicates your registered it in bad faith to extort them and you may get screwed by ICANN or a lawsuit or whatever else.

Good luck!

Totally Agree...

 

[brandnow]

So what if the guy keeps the domain baidu.ch and uses it to sell marketing? It's something similar to what the Chinese company does. But different than what the company does. Would the OP be okay if he branded his .ch domain with a design, logo, and ideas with something that is different than what is on the Chinese company's web site?

 

[LucidDomains]

So what if the guy keeps the domain baidu.ch and uses it to sell marketing? It's something similar to what the Chinese company does. But different than what the company does. Would the OP be okay if he branded his .ch domain with a design, logo, and ideas with something that is different than what is on the Chinese company's web site?

Well if its baidu.ch then that's a different story. Cause Baidu.ch is a unique enough name for them to have a legitimate claim on your domain - yes you can fight it and try say you will use it for one of the TM's allowed classes. If baidu is a made up word, it will be a tough battle. If baidu means some like Find in Chinese. You might have a better chance.

I would definitely not do marketing if that's part of their business model already. Using a different design and logo means diddly squat - you be caught for passing off and using their established name.

Just my opinion, I could be totally wrong.

 

[trent_stark]

From what I understand from the definition of cybersquatting if you registered the domain name for the sole purpose of selling it back to the company at a inflated price, then that would be wrong. If you registered the name of a business that sells X product and you sell X product on your site, that is also wrong.

But here's the thing (before I say this, i'm in no way suggesting you do it), I don't understand why someone in a similar situation can't put the name on the open market. Technically you aren't approaching the company to buy it so it doesn't apply to the definition of cybersquatting. And selling it on the open market technically isn't causing confusion for consumers, seeing how you're selling a domain name and not the product of the company.

I remember reading a dispute involving Disney and some guy who registered the domain Disney vacations or something like that. That's a understandable lawsuit because Disney offers vacation packages. But if someone registers DisneymoviesandCDs and sells it to a store that sells Disney approved copies of Disney movies and cds, i don't see what the problem would be. Yes, you profited from the sale of the name but the store and Disney are also profiting. Seems like a win-win to me.

Anyway that's how i see it. Good luck on your name.

 

[DeliDomains]

Trademark topic always opens a can of worms… Finally i got to take the call.
Will update once i do.

 

[Name Trader]

I would delete it from your account with your registrar.