debate Registering a future TM domain name before the end user, isn't it immoral?

[TheBuyerz]

Hi,

I want more understanding about domaining, since I don't know if I missed something ?

Is it moral to register a domain name as domainer before the end user (new startup that perhaps do not hold the sufficient budget to buy it) and sell it for higher price?

Another question in the same topic:

Why selling a domain name with TM infrigment of a company like FaceBook for example that do not respect and sells private informations of their own users for govs and privates organisations is more differente from the question 1 ? Selling a domain name before or after becoming a TM isn't it same in this case? Why Namepros members hate the second category more than the firsts?

No need to convice me, just need to know your opinions on this subject.

In top of all, I don't in any case want undermine domaining or being disrespectful for any party.

 

[johnn]

We don’t want to convince you. We just don’t support any TM ideas here.

 

[TheBuyerz]

We don’t want to convince you. We just don’t support any TM ideas here.

Then why are you domaining ? Any domain name is TM related before or after the project is launched and registered by the end user imo.

 

[johnn]

I am domaining just for fun.

 

[Ategy]

A startup does not need to have their domain to have an active legal trademark. Also ..

A startup does not need to have registered their trademark to have a legal right to their trademark. Actual USAGE in commerce is what's most important. Also ..

You can actually be found guilty of infringing on a trademark if the UDRP panelist and/or a judge think you registered the domain based on "speculation". Yes .. even if you registered the domain slightly BEFORE the company registers their trademark.


Based on the lack of clarity in your first post, it seems pretty clear that you're not informed on trademark issues. I strongly suggest you invest some time to read some of the many extremely helpful and informative posts here on NamePros by @jberryhill. Also search for podcasts that feature interviews with both John Berryhill and @Zak Muscovitch.

Most importantly remember that every mark is unique depending on the specific words, industry and trademark owner. Many times it's not a simple black/white rule that applies to all trademarks .. there are a lot of grey areas where the details and specifics can make a huge difference on whether or not you can rightfully hold a domain or not.

That being said .. for those of you who clearly do not have basic knowledge of how trademarks work, you should stay far away from anything that could even possibly come close to infringing on someone else's trademark.

 

[TheBuyerz]

A startup does not need to have their domain to have an active legal trademark. Also ..

A startup does not need to have registered their trademark to have a legal right to their trademark. Actual USAGE in commerce is what's most important. Also ..

You can actually be found guilty of infringing on a trademark if the UDRP panelist and/or a judge think you registered the domain based on "speculation". Yes .. even if you registered the domain slightly BEFORE the company registers their trademark.


Based on the lack of clarity in your first post, it seems pretty clear that you're not informed on trademark issues. I strongly suggest you invest some time to read some of the many extremely helpful and informative posts here on NamePros by @jberryhill. Also search for podcasts that feature interviews with both John Berryhill and @Zak Muscovitch.

Most importantly remember that every mark is unique depending on the specific words, industry and trademark owner. Many times it's not a simple black/white rule that applies to all trademarks .. there are a lot of grey areas where the details and specifics can make a huge difference on whether or not you can rightfully hold a domain or not.

That being said .. for those of you who clearly do not have basic knowledge of how trademarks work, you should stay far away from anything that could even possibly come close to infringing on someone else's trademark.

Thanks for this informative answer.

You can actually be found guilty of infringing on a trademark if the UDRP panelist and/or a judge think you registered the domain based on "speculation". Yes .. even if you registered the domain slightly BEFORE the company registers their trademark.

Honestly, this make none sense, 1% on 1million or less or even pratically zero chance they comes to prove it as infrigment for this case, if they think? Really !