Should I reg a domain that is already Trademarked?

[PowerUp]

I've found one domain still available. This domain has been trademarked in the UK. Is it worth the trouble to register this domain and sell it to them? If yes, how much should I ask for?

I'm thinking the price should be priced as high as possible but at the same time low enough that they won't take the hassle to file a complaint with WIPO for me to hand it to them for free.

Any comments? What are your personal experiences when dealing with domains that has been trademarked. And how do you negotiate to sell to the trademark holders?

 

[AussieDomainer]

I never have and never would. I personally have moral issues with it but that's just my opinion. Plenty of money to be made registering generic legitimate domains without having to step on other's toes in the process.

 

[lzy]

I've found one domain still available. This domain has been trademarked in the UK. Is it worth the trouble to register this domain and sell it to them? If yes, how much should I ask for?

I'm thinking the price should be priced as high as possible but at the same time low enough that they won't take the hassle to file a complaint with WIPO for me to hand it to them for free.

Any comments? What are your personal experiences when dealing with domains that has been trademarked. And how do you negotiate to sell to the trademark holders?

I wouldn't even think of doing it. You'll possible get yourself into lots of unnecessary trouble. 8-X

 

[The Grinch]

It seems as though you have created this thread to be silly and ask questions that you obviously already know the answer to. I don't see the point of it, but okay. Maybe you just want attention.

I can't imagine someone being so immoral to even seriously consider such as thing, but since there is a term for it, alot of people do this. It's just weird to see it like this.

http://en.wikipedia.org/wiki/Cybersquatting

I had to erase my "serious response" but then I saw this reply, and realized that this this was just a game

hi izy, who's the girl in your avatar? i want to google some of her pics.

 

[htmlindex]

Should I reg a domain that is already Trademarked?

Not unless you want some problems down the track

 

[PowerUp]

It seems as though you have created this thread to be silly and ask questions that you obviously already know the answer to. I don't see the point of it, but okay. Maybe you just want attention.

I really don't know the answer. That's why I started this thread, to learn from your experience in dealing with this kind of deal if you have any before. It's my first time doing this.

I can't imagine someone being so immoral to even seriously consider such as thing, but since there is a term for it, alot of people do this. It's just weird to see it like this.

http://en.wikipedia.org/wiki/Cybersquatting

I had to erase my "serious response" but then I saw this reply, and realized that this this was just a game

It's not a game anymore. I made 'contact'. It's business now.

Not unless you want some problems down the track

I'm keeping my fingers crossed that everything will go smoothly.

 

[Michelle]

I've found one domain still available. This domain has been trademarked in the UK. Is it worth the trouble to register this domain and sell it to them? If yes, how much should I ask for?

Erm why should they pay when they have paid Many $ to make it their name already ?

I'm thinking the price should be priced as high as possible but at the same time low enough that they won't take the hassle to file a complaint with WIPO for me to hand it to them for free.

well as you understand WIPO im surprised you are still asking if this is wrong practice

Any comments? What are your personal experiences when dealing with domains that has been trademarked. And how do you negotiate to sell to the trademark holders?

I Personally dont and my advice dont either .. have a good day

P.S Im glad my avater now is a monkey :bingo:

 

[NoRest]

See

http://www.icann.org/dndr/udrp/uniform-rules.htm

specifically 3(b)(3)

This means you're wasting your time.

Cheers


NoRest

 

[PowerUp]

See

http://www.icann.org/dndr/udrp/uniform-rules.htm

specifically 3(b)(3)

This means you're wasting your time.

Cheers


NoRest

I checked the link. The words are English, but I don't understand what the sentences mean.

Anyway guys, thanks for all your comment. :loveyou: I've made 'contact' and there's no way to turn back now. I can only hope for the best. %%-

 

[Dotmainer]

This domain has been trademarked in the UK

1. If i'm not wrong and i'm 99,99% sure, you CANT TRADEMARK Domain.

2. AND IMPORTANT IS: WHAT KIND OF NAME, IT DEPENDS ON NAME

Some examples:

Stupid to reg those:
- MyGoogleSomething.com
- CocaColaSomething.com
- SomCocaColaThing.com

Going a bit smarter:
- Apple.net (stupid if you write to Apple Corp. and offer them)
- Apple.net (stupid if you ran ads on that site about PC/Dell/Apple)

Smart:
- Apple.net and create site about apples (those on trees ),
or garden business


Btw. 'sex' is trademarked for category of fridges (or something like that),
because some people tried that way to become sex.biz

..just my 2 cents :imho:

 

[Kate]

...
I'm thinking the price should be priced as high as possible but at the same time low enough that they won't take the hassle to file a complaint with WIPO for me to hand it to them for free.
...

Typical cybersquatting behavior :td:
Just the kind of practice that gives us a bad rep.
Maybe you can get away with it, maybe not. Keep in mind that large companies have in-house legal staff or lawyers on a retainer... some are just waiting for a prey to make an example of and even some publicity (some large corporation are not shy to show how tough they are when it comes to defending their brand).
First off they don't have to resort to UDRP at their expense to grab the domain back, they could downright sue you. You will then lose and have to pay damages.
Attempting to sell TM name to holder => not smart and bad faith is definitely established.

Some reading: http://www.chillingeffects.org/trademark/faq.cgi
I would just say, if you can't think of other ways to make money then maybe domaining is not for you.

 

[IAmAllanShore]

1. If i'm not wrong and i'm 99,99% sure, you CANT TRADEMARK Domain.

Serial Number Reg. Number Word Mark Check Status Live/Dead
1 79030202 GLOBAL COM TARR LIVE
2 79039630 TAXBACK.COM TARR LIVE
3 79032288 NABUUR.COM THE GLOBAL NEIGHBOUR NETWORK TARR LIVE
4 79026194 SAYPEACE.COM TARR LIVE
5 79039323 COM4BREATHE TARR LIVE
6 79040147 GOLDINVESTDIRECT.COM TARR LIVE
7 79012969 AIRSPIRIT.COM TARR LIVE
8 79026062 PARTYBILLIARD.COM TARR LIVE
9 79040006 SMARTCAZE WWW.SMARTCAZE.COM TARR LIVE
10 79029142 LATE ROOMS .COM TARR LIVE
11 79038244 ORION HOTEL SCHOOLS A GLOBAL ALLIANCE WWW.ORIONHOTELSCHOOLS.COM TARR LIVE
12 79039894 FXSTREET.COM TARR LIVE
13 79037006 RELOPIA.COM TARR LIVE
14 79031815 AMMADO.COM TARR LIVE
15 79021372 3223322 INQUIERO.COM TARR LIVE
16 79023525 FASHION4BRANDS.COM TARR LIVE
17 79038071 N-COM TARR LIVE
18 79029459 HOSTELWORLD.COM BOOK YOUR BED BEFORE YOU GO TARR LIVE
19 79029460 HOSTELS.COM EVERY HOSTEL, EVERYWHERE! TARR LIVE
20 79029458 HOSTELWORLD.COM TARR LIVE
21 79007010 3168836 LDLC.COM TARR LIVE
22 79038647 MY TICKETS.COM.AU TARR LIVE
23 79030204 AN COM TARR LIVE
24 79028074 AUSTRALIA WWW.AUSTRALIANWINEDEALS.COM.AU TARR LIVE
25 79025131 ICEFOXX WWW.ICEFOXX.COM TARR LIVE
26 79020906 3253908 TRANSLATIONS-INTERPRETINGS.COM MULTILINGUAL SOLUTIONS OF COMMUNICATION TARR LIVE
27 79030073 PASSWORD BY PHONE.COM TARR LIVE
28 79037177 FINDMYPAST.COM TARR LIVE
29 79025621 GEENEE.COM TARR LIVE
30 79023489 3247793 MY WORK PLAN JOB MANAGEMENT SOLUTION SESCOI WWW.SESCOI.COM TARR LIVE
31 79022923 A1GP.COM TARR LIVE
32 79037295 YOU GET IT BACK.COM TARR LIVE
33 79036904 FIND A BABYSITTER.COM TARR LIVE
34 79037052 GOAL.COM TARR LIVE
35 79019946 LEMEMO.COM TARR DEAD
36 79032885 COSMETIC CHOICE.COM.AU. TARR LIVE
37 79027908 KING.COM TARR LIVE
38 79025619 CASINOROOM.COM TARR LIVE
39 79036091 SOLAR-E.COM TARR LIVE
40 79029043 COM-PAK TARR LIVE
41 79026454 3240129 THE HOT OFFICE.COM TARR LIVE
42 79024253 3237678 THOMSONFLY.COM TARR LIVE
43 79036111 MODE COM TARR LIVE
44 79014850 3230016 QUICKBEDS.COM TARR LIVE
45 79018225 3228066 WWW.ORIGINES.COM ORIGINES SAMUEL ROGER DEPUIS 1992 TARR LIVE
46 79018547 3225282 HOLLAND.COM TARR LIVE
47 79035375 TRIBALFOOTBALL.COM TARR LIVE
48 79025291 WWW.ROBOLABEL.COM PHARMACY LABELLING TARR LIVE
49 79034929 MORTGAGEMILES.COM TARR LIVE
50 79021600 3220327 DAELIVE.COM TARR LIVE

 

[Dotmainer]

ok, lets clear that a bit


Serial Number Reg. Number Word Mark Check Status Live/Dead
1 79030202 GLOBAL COM TARR LIVE
-> cant see domain name there, just word global and com


2 79039630 TAXBACK.COM TARR LIVE
->Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
->Description of Mark The color(s) blue, red and white with black trim is/are claimed as a feature of the mark. ENDLESS-BELT in red, DIVIDES GLOBE, MERIDIANS in blue and CIRCLE in blue.
-> Simple told, they tm'd just logo


3 79032288 NABUUR.COM THE GLOBAL NEIGHBOUR NETWORK TARR LIVE
-> Mark looks like 'NABUUR.COM THE GLOBAL NEIGHBOUR NETWORK'
and try to put that in address bar of browser



4 79026194 SAYPEACE.COM TARR LIVE
-> Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
-> Description of Mark The mark consists of a sign depicting the wording SAYPEACE.COM in fancy characters, having the letters S, P of a larger size,
-> same like 2.



5 79039323 COM4BREATHE TARR LIVE
-> cant see domain there

6 79040147 GOLDINVESTDIRECT.COM TARR LIVE
-> these is good but still not perfect
-> Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
-> and tricky
Description of Mark Color is not claimed as a feature of the mark.



7 79012969 AIRSPIRIT.COM TARR LIVE
-> Description of Mark The colors blue and gray are claimed as features of the mark. The color blue appears in the wording "AIR" and in the line and airship design elements and the color gray appears in the wording "SPIRIT.COM".


8 79026062 PARTYBILLIARD.COM TARR LIVE
-> Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS


9 79040006 SMARTCAZE WWW.SMARTCAZE.COM TARR LIVE
10 79029142 LATE ROOMS .COM TARR LIVE
11 79038244 ORION HOTEL SCHOOLS A GLOBAL ALLIANCE WWW.ORIONHOTELSCHOOLS.COM TARR LIVE
12 79039894 FXSTREET.COM TARR LIVE
13 79037006 RELOPIA.COM TARR LIVE
14 79031815 AMMADO.COM TARR LIVE
15 79021372 3223322 INQUIERO.COM TARR LIVE
16 79023525 FASHION4BRANDS.COM TARR LIVE
17 79038071 N-COM TARR LIVE
18 79029459 HOSTELWORLD.COM BOOK YOUR BED BEFORE YOU GO TARR LIVE
19 79029460 HOSTELS.COM EVERY HOSTEL, EVERYWHERE! TARR LIVE
20 79029458 HOSTELWORLD.COM TARR LIVE
21 79007010 3168836 LDLC.COM TARR LIVE
22 79038647 MY TICKETS.COM.AU TARR LIVE
23 79030204 AN COM TARR LIVE
24 79028074 AUSTRALIA WWW.AUSTRALIANWINEDEALS.COM.AU TARR LIVE
25 79025131 ICEFOXX WWW.ICEFOXX.COM TARR LIVE
26 79020906 3253908 TRANSLATIONS-INTERPRETINGS.COM MULTILINGUAL SOLUTIONS OF COMMUNICATION TARR LIVE
27 79030073 PASSWORD BY PHONE.COM TARR LIVE
28 79037177 FINDMYPAST.COM TARR LIVE
29 79025621 GEENEE.COM TARR LIVE
30 79023489 3247793 MY WORK PLAN JOB MANAGEMENT SOLUTION SESCOI WWW.SESCOI.COM TARR LIVE
31 79022923 A1GP.COM TARR LIVE
32 79037295 YOU GET IT BACK.COM TARR LIVE
33 79036904 FIND A BABYSITTER.COM TARR LIVE
34 79037052 GOAL.COM TARR LIVE
35 79019946 LEMEMO.COM TARR DEAD
36 79032885 COSMETIC CHOICE.COM.AU. TARR LIVE
37 79027908 KING.COM TARR LIVE
38 79025619 CASINOROOM.COM TARR LIVE
39 79036091 SOLAR-E.COM TARR LIVE
40 79029043 COM-PAK TARR LIVE
41 79026454 3240129 THE HOT OFFICE.COM TARR LIVE
42 79024253 3237678 THOMSONFLY.COM TARR LIVE
43 79036111 MODE COM TARR LIVE
44 79014850 3230016 QUICKBEDS.COM TARR LIVE
45 79018225 3228066 WWW.ORIGINES.COM ORIGINES SAMUEL ROGER DEPUIS 1992 TARR LIVE
46 79018547 3225282 HOLLAND.COM TARR LIVE
47 79035375 TRIBALFOOTBALL.COM TARR LIVE
48 79025291 WWW.ROBOLABEL.COM PHARMACY LABELLING TARR LIVE
49 79034929 MORTGAGEMILES.COM TARR LIVE
50 79021600 3220327 DAELIVE.COM TARR LIVE

Is there one which features 'Mark Drawing Code (4) STANDARD CHARACTER MARK'

Dont have time to check them all. :p

 

[IAmAllanShore]

ok, lets clear that a bit

Is there one which features 'Mark Drawing Code (4) STANDARD CHARACTER MARK'

Dont have time to check them all. :p

I'm a bit confused as to your notations above, but I'll satisfy your request, at least. (To be clear: the designator you have requested is by no means necessary in order for a UDRP claimant to "win".)

But there are plenty:

Word Mark AUTO MART .COM
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed periodic publications, namely, magazines featuring classified and display advertisements for vehicles. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78805564
Filing Date February 2, 2006
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 15, 2007
Registration Number 3271840
Registration Date July 31, 2007
Owner (REGISTRANT) COX AUTO TRADER, INC. CORPORATION DELAWARE 5775 DUNWOODY ROAD BUILDING B-100 ATLANTA GEORGIA 30342
Assignment Recorded ASSIGNMENT RECORDED
Prior Registrations 1569635;2301301
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "AUTO" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Feel free to "notate" the hell out of this one as well, but your distinctions seem to be arbitrary when it comes to the effect they will have.

-Allan :gl:

 

[Dotmainer]

Word Mark 'AUTO MART .COM'

have you tried to put this into browser adress bar ?
:imho: spaces are not part of domain name.


Are we now talking about UDRP ?

The Point on my side is that i told "If i'm not wrong and i'm 99,99% sure, you CANT TRADEMARK Domain." and you felt that there is need to put 50 'examples' which should show me that i'm wrong.

But at least there wasnt one example, where TM was put on Domain Name. Most of them take 'Domain Like' words ('AUTO MART .COM'), or they TM design, logo ... whatever.


And if we start talking about effects, then this will be long long Thread.
(there is no need to have TM, you can simply sue someone...)

 

[PowerUp]

Typical cybersquatting behavior :td:
Just the kind of practice that gives us a bad rep.
Maybe you can get away with it, maybe not. Keep in mind that large companies have in-house legal staff or lawyers on a retainer... some are just waiting for a prey to make an example of and even some publicity (some large corporation are not shy to show how tough they are when it comes to defending their brand).
First off they don't have to resort to UDRP at their expense to grab the domain back, they could downright sue you. You will then lose and have to pay damages.
Attempting to sell TM name to holder => not smart and bad faith is definitely established.

Some reading: http://www.chillingeffects.org/trademark/faq.cgi
I would just say, if you can't think of other ways to make money then maybe domaining is not for you.

I am particularly interested in "You will then lose and have to pay damages." What kind of damages are you talking about? How could a domain name that's not pointing to any site or not even parked can cause damage to the trademark holder?

1. If i'm not wrong and i'm 99,99% sure, you CANT TRADEMARK Domain.

Going a bit smarter:
- Apple.net (stupid if you write to Apple Corp. and offer them)

:o This is exactly what I did.

 

[Kate]

I am particularly interested in "You will then lose and have to pay damages." What kind of damages are you talking about? How could a domain name that's not pointing to any site or not even parked can cause damage to the trademark holder?

'Damage' is a lose notion.
For instance the fact that you are depriving TM holder from their domain (holding the domain hostage) could in theory constitute some form of 'damage'.

Here is an old (2000) but interesting article: http://news.com.com/2100-1023-238287.html
The funny bit is that it is the registrant that spoiled everything. He could have kept the domain by 1. NOT contacting the TM holder in the first place, 2. using the domain carefully.
Follow-up: http://www.whoisfinder.com/news/200101/vw-net-to-volkswagen.html

I really advise you to read the site I quoted above (lots of interesting read) so you have a better idea of what may be OK and what is not

 

[mktgmark]

If you remain firm in your intent to register a trademarked name and then offer it to the trademark holder, let me help you with a few more suggestions that will enhance your experience. I pride myself on my ability to help fellow domainers achieve their dreams.

1. Communication
How to communicate with the original trademark holder is a good question. While email or snail mail is the traditional style of communication, you're looking for something a little more "attention grabbing". I would suggest writing...

"I now own your domain, <write domain name here>! You can have it for $<enter sale price here>"

...in crayon on a post-it note, then tape the post-it note to a brick and then throw said brick through the window of the CEO of the company (simple investigation on the Internet should turn up the personal addresses of the higher-ups in the company). If this gets no response within one week do it again this time making sure to include all of your personal contact information. If you still get no response, repeat the process as you move down the chain of command: president, vice-president, chief financial officer, etc. This method almost always gets you some kind of response.

2. Negotiations
Once you've established communication with your interested buyer, I recommend being firm in your negotiation stance by describing just how owning this domain name that they already have a trademark claim to would benefit them. Don't confuse them with overture numbers, google searches, or brand loyalty facts... tell them that if they don't buy it you will then offer it at half the price to all of their competitors. Some call this blackmail, I call it "fair negotiating practices". If this fails to get a counter offer from them, bring out the big guns... tell them you will put up a porn site on their trademarked name. Threatening associating their good business name with the pornography industry is a tried and true negotiating practice.

3. Setting The Price
Now that there is open dialog, and assuming you are not in prison yet, you need to achieve the maximum value for your domain. Disregard that you only paid $6.99 for the domain and they own the trademark. Obviously, it is worth multi-millions of dollars (at a minimum). I arrive at my initial pricing like this (feel free to duplicate this process, I know by now you have no qualms at using other people's ideas for yourself):

I throw a dart at a dart board, and whatever number that comes up is the numeric value of my initial price request. Example: I throw the dart and hit the number "16". So, my numeric value is now 16. I then always start my starting price at the highest value possible. So, you would again write your first price request on a post-it note and slide it across the table to them. Wait till you see their face when they unfold the piece of paper and read...

"16 Billion-Gazzillion Dollars"

Tell them that Paypal will be acceptable as long as they have a verified account and don't pay from a credit card (you don't want to mess with the fees on a transaction of this size). If they deny this offer, drop down to zillion, trillion, billion, and finally million dollars. I don't suggest negotiating any price that is below the million dollar level as it really isn't worth your time at that point.

I sincerely hope that these steps will lead you to your life as a successful domainer, if you have any future questions I suggest you consult your local authorities... they should be glad to have you come down and talk to them.

 

[IAmAllanShore]

mktgmark = :lol: :kickass: :tu:

-Allan :gl:

 

[Mike]

@mktgmark - for your post alone, this thread should be made a sticky!

@PowerUp - i apologize in advance for coming across a bit rude -

actually, nm. it's not worth losing my cool over an idea that's "below the belt."

IB