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Selling a developed and "friendly" TM domain/site?

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As many of you know, there are companies out there that allow people to reg and develop domains with their TMs in them as long as they contribute to enhancing the use of their products/services. This is what I define as a friendly TM domain. Regging a friendly TM domain requires not only that your intent is friendly to the company that owns the TM but also that the company is known for allowing them to be regged as long as they help to enhance their products/services. Some companies come to mind are Google (AdSense) and Adobe.

For instance, you could reg an adobe domain like adobephotoshoptutorDOTcom and set up a tutorial site and Adobe would not bother to pursue you for TM infringement. (On the other hand if you put up a site with a TM domain that bashes Adobe or promotes a competitor's product and they will most definitely not let that go).

So my questions are...

1. People have stated that it is not a good idea to reg one of these friendly TM domains just to sell the domain (or park it for revenue) and that the only way you could get away with having the domain is if you do not sell it or if you develop it. Is this true?

2. What about if you develop the site and get a good following of visitors but later decide to sell it because you find that you can no longer support the site for whatever reason? Would you not get away with that? Would your only option be to close up shop and not sell the site?

Any feedback would be appreciated.

Thanks in advance.
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
AfternicAfternic
67 views and 21 hours later and not even so much as a flame post? C'mooooon!!!! :lol:

I thought it was a legit non-usual TM question. Did I say something wrong?
 
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When talking about TM domains, here is my rule of thumb:
regging=bad idea (unless you have permission and even then it can be a headache)
Intent to sell=bad idea
Intent to profit=bad idea

Even in the cases that you cited, I still would be hesitant to reg and develop any TM friendly infringing domains. The company still can sue you, get damages, and take your domain.
 
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absolutely agree with fonzie :hehe:
 
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I don't know. I do agree with that on TMs in general. but there are companies out there that cannot offer things like forums and tutorial sites in the way that 3rd parties can and so that's why they allow others to "infringe" in their TMs in order to help enhance their products and help them to create brand/product loyalty.

Let's face it, Google cannot and will not have a forum for people who use their services to chat about and learn to use their services/products to their fullest. Adwords, AdSense, and the like. Many of these sites that sell products to enhance these services help Google a lot and it costs them nothing. they don;t have the time or the resources to make ebooks, scripts, and moderate forums like 3rd parties can. That's why they allow these sites to exist. they bring value to their company and products while bringing income for the party running the site.

I find it hard to believe that Google would suddenly one day sue all of these site, take their domains from them and make them just go out of business. Like I said, not because I think Google is nice but rather because they bring value.

Same goes with Adobe and the many tutorial and other Adobe product related sites out there. I just don't see them all of a sudden saying, OK guys, give us these domains and close up shop. It makes no sense at this point. They should have and would have done that for the get-go if that is what they believed was best for the brand.
 
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I was actually going to post a long detailed explanation to your questions until
I remembered seeing a sign earlier that said this:

"ENTER AT YOUR OWN RISK"

That'll practically answer your questions. :hehe:
 
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