Selling similar, trademarked name to owner.

[evoltix]

For example, I have a domain domain.com. I looked up "domain" in the trademark database and found there was a trademark for a domains.com. Keep in mind the names I'm using here are just examples.

Anyway, I was wondering if it would be wise to contact the owner of domains.com and propose to sell them domain.com? The only thing I see that could go wrong is they file a lawsuit to get the domain rather than paying me for it. Let me know. Thanks a lot!

 

[duceman]

First off, offering to sell them the domain is sure to trigger the "Registered in bad faith" test if they file a UDRP.

Second, I would not take them filing a lawsuit too lightly. These days companies are getting tired of constantly defending their marks. Now they are asking for and getting heavy damages decisions.

IMO, park the name and get some ppc or de-reg.

good luck

 

[evoltix]

First off, offering to sell them the domain is sure to trigger the "Registered in bad faith" test if they file a UDRP.

Second, I would not take them filing a lawsuit too lightly. These days companies are getting tired of constantly defending their marks. Now they are asking for and getting heavy damages decisions.

IMO, park the name and get some ppc or de-reg.

good luck

Thanks for your reply. I picked the domain up at TDNAM for like $10 and didn't think to check for similar sites/trademarks and sure enough there was. Thanks for the info duceman! :tu:

 

[DNQuest.com]

First off, if the domain is "confusingly similar", a TM holder does not have to pay you a dime to take it off your hands. I am seeing more companies are willing pay extra for a UDRP than pay off a cybersquatter (yes, you are squatter by jsut reading your post). This establishes two things 1- the principle of not paying a squatter 2- They get a win in a UDRP which they can use for future disputes.

Duce, when you say he should park it, you need to say "park it and make sure no links are of the TM holder, their competitors or their TMed catagory". Just parking the domain will hit at least of of the 3, if not all 3, which is also bad faith.

Read the googleonline thread for a good useful and very helpful post on how to learn this business.

 

[evoltix]

First off, if the domain is "confusingly similar", a TM holder does not have to pay you a dime to take it off your hands. I am seeing more companies are willing pay extra for a UDRP than pay off a cybersquatter (yes, you are squatter by jsut reading your post). This establishes two things 1- the principle of not paying a squatter 2- They get a win in a UDRP which they can use for future disputes.

Duce, when you say he should park it, you need to say "park it and make sure no links are of the TM holder, their competitors or their TMed catagory". Just parking the domain will hit at least of of the 3, if not all 3, which is also bad faith.

Read the googleonline thread for a good useful and very helpful post on how to learn this business.

I didn't intentionally buy this domain out of bad faith. I found the domain on TDNAM and bought it becaused I liked it. I had no knowledge of any trademarks. I did read the "googleonline" thread. In this situation I thought I would sell to the owner of a similar site because I thought they might want it not because I'm a squatter. I parked the domain with a generic keyword so I don't think there would be any problems.