question Securing websites for Big companies that could be damaging to their Brand

[urljunky]

Has anyone had any luck or success in buying domains that wouldn't be trade mark infringements, but if developed could be damaging to big company? Example: "Big Box Store" they have a very high complaint rate and someone starts website BBSsucks.com or BBScomplaints.com and starts blog where consumers can come and post all their complaints about said store. The "Big Box Store" is trademarked, but not BBS.
Could a domainer secure those websites for company, then sell them to said company so they can protect their brand? I know it almost sounds like extortion, except you are not threatening to develop website if they don't purchase. You would just send email stating,
"I see you have a high volume of complaints and securing these domains would help protect your brand. If you are interested in purchasing these domains please reply to this email.." or something to that effect.
Is that wrong? Or just good business?

 

[anantj]

Has anyone had any luck or success in buying domains that wouldn't be trade mark infringements, but if developed could be damaging to big company? Example: "Big Box Store" they have a very high complaint rate and someone starts website BBSsucks.com or BBScomplaints.com and starts blog where consumers can come and post all their complaints about said store. The "Big Box Store" is trademarked, but not BBS.
Could a domainer secure those websites for company, then sell them to said company so they can protect their brand? I know it almost sounds like extortion, except you are not threatening to develop website if they don't purchase. You would just send email stating,
"I see you have a high volume of complaints and securing these domains would help protect your brand. If you are interested in purchasing these domains please reply to this email.." or something to that effect.
Is that wrong? Or just good business?

I'd expect this will result in legal action. This appears to be bad faith registration (even if it is not). IANAL but it does not look kosher to me

 

[Joe N]

Actually I don't think there is a TM issue here just for running a site so people can register complaints. I believe the legal issue arises from attempting to make a profit from it. So I suppose you would have to develop the site/forum and hope that the TM holder comes calling.

Of course I'm not a lawyer or any kind of TM expert, but this is my understanding...

 

[urljunky]

Actually I don't think there is a TM issue here just for running a site so people can register complaints. I believe the legal issue arises from attempting to make a profit from it. So I suppose you would have to develop the site/forum and hope that the TM holder comes calling.

Of course I'm not a lawyer or any kind of TM expert, but this is my understanding...

There are sites like Rip/Off/Report that profit off this by accepting payment from business's that are on their site and let them put company's ad or "promise" before all the complaints about their company. And these deep pocketed company's that are trying to protect their brand have very, very, very long "promises" before all the complaints. So if you don't scroll down far enough to see the complaints you think the company doesn't have any complaints.
https://www.forbes.com/sites/adamta...poffreport-is-in-expansion-mode/#50c363e847f4

https://www.slideshare.net/paladinpi/cap2-1

So which is the lesser of the two evils? sell the possible bad site to company or develop and charge a fee to let them clear their name?

 

[jberryhill]

Short answer - bad idea, and this wheel has been invented several times.

If you want to run a criticism site, run a criticism site.

If you want to sell a TM owner a domain name with their TM in it, no, you have not stumbled on the magic scheme to riches by registering every variation of their name with some derogatory term attached to it.

 

[urljunky]

Short answer - bad idea, and this wheel has been invented several times.

If you want to run a criticism site, run a criticism site.

If you want to sell a TM owner a domain name with their TM in it, no, you have not stumbled on the magic scheme to riches by registering every variation of their name with some derogatory term attached to it.

I get the point. that is why I asked the question. I had noticed that a lot of companies had already either bought or registered domains that were derogatory already, most being "brand"sucks.com. And they also paid a ton of money to rip off report, BBB, Yelp and other companies to keep complaints off the web. I've already thought it through more and their deep pockets would most likely be spent on suing first and if that didn't work then they would pay. I don't have the money or time to play their game.
Thanks for the input and time to respond.

 

[jberryhill]

The other thing is, there is really no end to it:

http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0996.html

The domain names in issue in this proceeding are <guinness-really-sucks.com>; <guinness-really-really-sucks.com>; <guinness-beer-really-sucks.com>; <guinness-beer-really-really-sucks.com>; <guinness-sucks.com>; <guinnessreallysucks.com>; <guinnessreallyreallysucks.com>; <guinnessbeerreallysucks.com>; <guinnessbeerreallyreallysucks.com>; <guinness-beer-sucks.com>; and <guinnessbeersucks.com>

The reason he registered all those names was because he was pissed off over this one:

http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0541.html

The disputed domain name is "guinnes.com"

...

The Respondent further alleges he was completely unaware at the time of registration that there was a company called Guinness which sold beer, that his intentions for the web site guinnes.com were for a site about "The Guinness Book Of World Records"

...

The Panel finds that the plan to use the domain name for "The Guinness Book of World Records", that is also a trademark owned by the Complainant, does not fall within any of the circumstances listed under Paragraph 4 (a) UDRP as evidence of rights or legitimate interests.


The bottom line with these things is that if you have a beef with a company and are running a site about it, then you may be able to establish a legitimate interest. If the plan is to get the company to pay you for the names - rather than to settle whatever your underlying dispute may be - then it's not going to be looked on favorably.

 

[Kate]

I seem to remember that years ago, Godaddy eventually bought godaddysucks.com.
Maybe the site was successful enough to be detrimental to their business, and they decided to buy their silence.
Now there is hope