question Registering a International nonproprietary name in the pharmaceuticals

[FreshName]

Hi,

Just stumbled across a drop for a generic drug name that does not seem to be trademarked per se because it's an international non proprietary name

 

[FreshName]

Hi,

Just stumbled across a drop for a generic drug name (we can call xxxzol.com) that does not seem to be trademarked per se because it's an international non proprietary name.

Xxxzol is just a different spelled version of xxxzole which is the English term. Xxxzol is used in most European languages including Spanish.

Xxxzole.com has around 60k exact searches per month and xxxzol.com landing around 25k. Cost per click around $30 for xxxzol.com.
Estibot value just under $2000 for xxxzol.com and just under $50 000 for the English version.

A big pharmaceutical company that manufactures the branded name of the drug also owns the generic name (xxxzole.com). This domain redirects straight to their landing page. This I'm guessing since they're not allowed to brand the unbrandable generic name.

It seems that these generic drug name domains can be owned but not branded. Does that mean I can park it and cash in clicks? Can I try to sell it to the company owning xxxzole.com?

Or are these domains restricted to the companies or labs that have discovered these drugs? Even the generic name?

Try typing in paracetamol.com it seems to be owned by some german company it redirects to.

 

[FreshName]

Would appreciate some insight in this, it seems like it should be cool but need some support here.
Cheers guys

 

[Kate]

The molecule could be non-TMed vs the brand name that is TM. I don't know.
But why is the name still available if it's any good ? That's the question you should always ask yourself.

 

[FreshName]

It was an expired domain auction thru godaddy, I reserved it for 10usd + reg fee. At the same time it was for sale at afternic for 1800usd. Not sure what to make of it.... Maybe just hold on to it and squat for type in traffic...

 

[FreshName]

The molecule could be non-TMed vs the brand name that is TM. I don't know.
But why is the name still available if it's any good ? That's the question you should always ask yourself.

I'm confused...Does this mean that you don't see any value in dropped domains? Or are you talking about the legal aspect here?

 

[Kate]

Everything. If there are TM issues, the name could be worthless. But if there is no buyer, the name is worthless too. Unless you can develop it ?
There are 120 million .com registered so far, if you find a 'great' name that is still available in 2016, it means nobody would buy it for $10. Why ? Maybe there's a reason.
Maybe it just dropped and slipped through the cracks and nobody paid attention to it. It happens too. But I would be skeptical.

 

[Wannabean]

The name is on afternic because it was listed by a previous owner. Looks like they couldn't sell it and dropped it.

 

[iowadawg]

Kate, as usual, is right on the money here!
So you basically spent money on a domain that is useless.
Unless you can sell it to someone else who is clueless.
Oh, and lots of companies own the .com of their names, their products, and so forth...
and have those domains redirect to their main site.
And have fun, if the company that owns the drug name, etal...
When they sue you for owning that domain.
WHich is probably why no one wanted to buy it until you came along and just saw dollar signs in your future.

 

[FreshName]

I am just asking a question open for discussion, no needs for harassments iowadawg just because I'm new

Of course I saw dollar signs, that's why we're all here right? And if I lost some coin, so what? I'm still in the learning phase, but I will not let this pass until I'm sure what it's all about here...

How can anybody sue someone for owning a generic drug domain name? It is not registered on the gov register Stopfakes, anywhere else to check?

Apparently it is the WHO that is creating these INN's and they seem to have guide lines and not laws concerning the use of them, UDRP did not cover INN's at the time of this report (2001) :

From the 170 page pdf "second WIPO internet domain process"

Interesting read from page 42/170:

"95. In response to the call for evidence of abusive registrations of domain names, WHO and the European Federation of Pharmaceutical Industries and Associations (EFPIA) have submitted studies of INNs that have been registered as domain names by individuals or pharmaceutical businesses. The studies, set out at Annex V, demonstrate that numerous INNs have already been appropriated in the DNS. These domain names are used for various purposes:s some merely provide information about the pharmaceutical substance, but the majority are proprietary sites registered and used to advertise or sell pharmaceuticals.10 The WHO comments that such purposes are antithetical to the policy of the INN system, which reserves INNs for mere identification purposes.11 No evidence has been provided through the Second WIPO Process of actual harm resulting from the registration of INNs as domain names, beyond the damage done to the integrity of the INN system. Several commentators point to the insufficiency of such evidence to argue against the need for protection of INNs.12"

If somebody can find more up to date info that would be appreciated.

I was thinking about using it as an info site with studies etc linked to it, or park it for ads.
Any lawyers on this forum, lol?

 

[iowadawg]

Wow...someone takes stuff a bit too personal!!!
That my friend, is not harassment!

 

[FreshName]

Wow...someone takes stuff a bit too personal!!!
That my friend, is not harassment!

Call it what you want, I call it not too friendly...

 

[korganian]

Hi FreshName, I see you just joined the forum. Welcome.

The thing about domains is that how you use them is very important. Even if you can reasonably own a domain that is exact or easily confused with a company name, product or service, you would also have to carefully consider what is displayed as content on that domain so that you are not guilty of profiting from making consumers think they are dealing with the other company. Therefore the very fact that you are asking about capitalizing on pay per clicks for the other company's product is likely to put you in legal jeopardy.

Just my opinion, I'm no legal expert.

 

[FreshName]

Hi FreshName, I see you just joined the forum. Welcome.

The thing about domains is that how you use them is very important. Even if you can reasonably own a domain that is exact or easily confused with a company name, product or service, you would also have to carefully consider what is displayed as content on that domain so that you are not guilty of profiting from making consumers think they are dealing with the other company. Therefore the very fact that you are asking about capitalizing on pay per clicks for the other company's product is likely to put you in legal jeopardy.

Just my opinion, I'm no legal expert.

Thanks for the welcome, korganian!
I would consider the same if it was infact a branded product and not the unbrandable chemical name so to speak. The compound xxxzole is an International Non proprietary Name given by the World Health Organization. Apparently these INN's are not covered by the UDRP, the latest info I found is from 2005. Anyone with a later update on this?

Mine is a European spelled version of it (xxxzol).

Too bad I can't post links but it seems that a pharmaceutical company lost their claim on an International non proprietary name to a "domain squatter".
Check the story out by googling this:
WIPO Domain Name Decision: D2005-0113

 

[canswift]

Just stumbled across a drop for a generic drug name that does not seem to be trademarked per se because it's an international non proprietary name

I often see names (usually in GD closeouts) that when I check are the names of current drugs. I also don't understand why these aren't registered by the parent company. In GD closeouts now is Zalestra*com, currently available as a med or supplement. Even with no actual TMs in place, I pass on these as there's really nothing you can do with them.

 

[Ms Domainer]

One can make good money ($$$$) on expired domains and even hand regs.

But it can be tricky.

OP, did you you verify that there in no trademark?

If not, always check USPTO.gov and international sites such as trademarkia.com.

Also make sure that this is a word investing in, even just $10.

 

[FreshName]

One can make good money ($$$$) on expired domains and even hand regs.

But it can be tricky.

OP, did you you verify that there in no trademark?

If not, always check USPTO.gov and international sites such as trademarkia.com.

Also make sure that this is a word investing in, even just $10.

No trademarks, checked again with your links. Well the keyword has over 20k monthly searches and a cpc of 30usd

Considering "WIPO Domain Name Decision: D2005-0113" where a large pharmaceutical lost an UDRP against some domain squatter in the UK because they didn't have a trademark on it, it's pretty tempting to put up an info site about the drug with links to studies and all with some side ads of course...

According to WHO the International Non proprietary Names are meant to be for public information and not to be branded. Putting up public information and study links would, I believe, strengthen my position in an eventual dispute.

If I would to be tested with an UDRP and loose, I would give up the name straight away of course. Don't want to mess around in court with some pharma companies.

It always starts with an UDRP if a company wants to claim a domain right?

 

[FreshName]

The company pr

I often see names (usually in GD closeouts) that when I check are the names of current drugs. I also don't understand why these aren't registered by the parent company. In GD closeouts now is Zalestra*com, currently available as a med or supplement. Even with no actual TMs in place, I pass on these as there's really nothing you can do with them.

If it is a generic International Non proprietary Name, there does not seem to be a parent company as the name is set by the WHO. Check out paracetamol, the .com is directly forwarded to the company producing Aspirin (namely Bayer). Is this the parent company of paracetamol? Do they have a trademark or patent on paracetamol? No, they bought up the domain because it receives a lot of traffic and redirected it to their front page.

Question is if we can profit from this information in some way...
All I'm trying to say here, is that I've done some research and this might be a potential loop hole.
Would be terrific if somebody has more insight on the International Non proprietary Names which it all comes down to.