SQUIBS.COM trademark issue

[GGGGGG]

I saw this domain SQUIBS.COM at the expired domains auction and the auction is still going. At first I wanted this domain for myself to develop into a website because the name is very brandable, but then I checked and saw that it's trademarked by some toy designer. He has his own website name squidkidsink.com and apparently his new toy project is named ''SQUIBS'' and he trademarked it. This domain has bidders already and I wonder do bidders actually know this is a trademark or they just think it's safe to buy it and eventually develop into a website without getting into any legal trouble. Any opinions?

 

[ISPCircle]

One of the easiest ways for a mark owner to get a gTLD domain back, is through a Uniform Domain name Dispute Resolution Policy (UDRP). To file a UDRP complaint, the following 3 conditions need to be proven (Refer: 3 (ix)):

• the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
• why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and
• why the domain name(s) should be considered as having been registered and being used in bad faith

Apart from this policy there are other methods too for retrieving domains like ccTLD dispute policy, Legal action.

Those who register domains without checking in search engines, etc. if this domain has been used before elsewhere, take an additional risk while registering domains for profit.

 

[hxp]

Just because there's a registered trademark, and you buy the exact match domain name, doesn't mean you're participating in trademark infringement.

Moreover, "Squibs" is a generic/dictionary term (See: http://www.merriam-webster.com/dictionary/squib).

The new owner will be ok as long as they don't sell the same goods/services as Squids Kids Ink, or otherwise try to confuse visitors by capitalizing on Squid Kids Ink's branding.

 

[GGGGGG]

Oh I didn't know it works that way. Thanks!

 

[ScalableDomains]

what if it a person's name + jewelry and the name is available to purchase. Is considered trademark infringement?