The Sell-Your-Trademark-Domains on Bido™ Thread

[MicroGuy]

Yesterday someone posted a domain that appeared to have obvious trademark problems in the appraisal section at Namepros.

The domain is: PayPalDeposit.com

Screen print: http://www.microguy.net/images/deposit.png

According to an official reply from Bido in the thread, these types of domains are just fine to sell on their platform as are domains like NamePros.org, Viagra.cc, etc., etc.

http://www.namepros.com/domain-appraisals/602356-paypaldeposit-com.html

This policy would appear to present significant liability exposure to Bido™ and the buyers/sellers of these domains. If this thread stays up, I'm interested in hearing the various views on this unique policy.

 

[Damion]

Not that unique of a policy, the same policy is in use on Namepros as well.

 

[MicroGuy]

Not that unique of a policy, the same policy is in use on Namepros as well.

No, it's unique. Namepros is a domain forum not a domain auction company.

On Namepros the transaction is a private sale directly between the buyer and seller. Namepros does not broker the sale. Namepros does not earn a commission from the sale. Namepros is an apple, Bido™ is an orange.

 

[Kate]

Actually yes, there is a TM issue.
Now that could be OK as long as the name is used (developed) properly - see examples like paypalsucks etc.

The problem is monetizing that kind of domain. From the moment you attempt to monetize it one way or the other, you become more vulnerable to accusations of bad faith use.
What's the point of purchasing a name like that really.

I am quite disappointed that Bido don't have better names to offer. I don't get their business model because all I see is poor names.

 

[MediaHound]

As discussed on the other thread, most of the English language is trademarked.
It is not up to Bido to determine what is trademarked or not, and even if we did (not feasible anyway), there is something called "legitimate use" of domains that contain a mark. It is not up to Bido to know what buyers may do with a domain they buy.

---------- Post added at 12:29 PM ---------- Previous post was at 12:21 PM ----------

...I am quite disappointed that Bido don't have better names to offer. I don't get their business model because all I see is poor names.

Did you know you can vote on the domains that go to auction? Please do your part, you can determine what goes up for No Reserve auction by voting on the submitted names that you want to see auctioned. The community decides which No Reserve domains make it to auction.
Also, check out our Auction Archive to see whats selling - Bido.com - Social Auction Platform

 

[Reason]

For my 2 euros, I'd say I think a lot of these big shot companies are way too big for their boots, thinking they can own exclusive rights to generic words, even when those words are used as only a component of another name. Businesses wanting to trademark say 'Expert', or 'Virgin' (as Virgin did when they tried to force someone off 'VirginMail.com')....pfffft, you don't get any sympathy here.

However, PayPalDeposit.com....Common sense should scream at anyone that it can only have a nefarious purpose. That has 'PHISHER' in big pink neon lights over it.

Btw 'Paypalsucks' is flagged as an 'attack site'. Though I would say names like this, where the name has a definite connotation of 'legitimate gripe', in general should be given the benefit of the doubt.

 

[copper]

This remind me of "ToyotaHybrid dot com" auction at sedo about month ago.

 

[Damion]

No, it's unique. Namepros is a domain forum not a domain auction company.

On Namepros the transaction is a private sale directly between the buyer and seller. Namepros does not broker the sale. Namepros does not earn a commission from the sale. Namepros is an apple, Bido™ is an orange.

Yet they both fall in the fruit category.

See Namepros is also a platform that facilitates TM domain domain sales, the fact you mentioned that Bido acts as a broker and facilitates the act of TM domain sales as well doesn't make them unique at all.

If you have a problem with Bido's policy, you should also have a problem with NP's policy on this matter because they both do the same thing regardless of Bido being a broker like Sedo there is no difference in the policy of allowing publicly the sale of TM domains.

I know I do find it problematic that NP facilitates the sale of obvious TM domains, but NP's upper management has no problem with it.

When is the new: The Official Sell-Your-Trademark-Domains on Sedo.com Thread and the new: The Official Sell-Your-Trademark-Domains on Namepros.com Thread being posted by you as well?

Not?....Then you just have a personal problem with Bido and not just with Bido's "unique" policy.

 

[MicroGuy]

When is the new: The Official Sell-Your-Trademark-Domains on Sedo.com Thread and the new: The Official Sell-Your-Trademark-Domains on Namepros.com Thread being posted by you as well?

As I have stated, Namepros is obviously not in the same category. Namepros is a domain forum. All transactions are between two private parties.

Sedo does not condone the practice and specifically provides a remedy for situations like the example I provided in this thread under it's AUP polices:

Often, sellers only become aware of potential trademark issues after listing their domains for sale in the domain database. When this occurs, sellers must remove such domains until legal clarification has been made. Sedo reserves the right to remove domains from our domain database which, in Sedo's sole discretion, may infringe or violate the proprietary rights of any third party.​

There is a difference between having a TM domain slip through the cracks from time to time and openly allowing and condoning the practice.

If Bido allows the auctioning of the above domain to continue after they have been notified of potential TM issues (see screenshot), they are subjecting themselves to legal exposure in a very big way. IMO.

 

[Damion]

As I have stated, Namepros is obviously not in the same category. Namepros is a domain forum. All transactions are between two private parties.

That doesn't make it any different, NP allows TM domains being advertised & sold and the fact that there is no broker involved makes no difference...it's the same policy.

If you don't or can't see it that way then so be it, I'm not going to discuss this any further...it is what it is...facilitating the sale of problematic TM domains.

A Sedo or Bido transaction is also a transaction between two private parties yet guided a by a third party...so there is no need to get stuck on the private argument.

Sedo does not condone the practice and specifically provides a remedy for situations like the example I provided in this thread under it's AUP polices:

Often, sellers only become aware of potential trademark issues after listing their domains for sale in the domain database. When this occurs, sellers must remove such domains until legal clarification has been made. Sedo reserves the right to remove domains from our domain database which, in Sedo's sole discretion, may infringe or violate the proprietary rights of any third party.​

There is a difference between having a TM domain slip through the cracks from time to time and openly allowing and condoning the practice.

Depends if this slipping you referred to is actual slipping or just letting it slip on purpose until it will get legal attention and only from there taking action, Sedo is just a bit more clever in their approach, yet the difference is minute.

If Bido allows the auctioning of the above domain to continue after they have been notified of potential TM issues (see screenshot), they are subjecting themselves to legal exposure in a very big way. IMO.

In that case they'll probably take Sedo's approach and remove the domain at that point, until then...

 

[Kate]

However, PayPalDeposit.com....Common sense should scream at anyone that it can only have a nefarious purpose. That has 'PHISHER' in big pink neon lights over it.

Exactly. There is a reason why Paypal are so aggressive in defending their brand. When you are a bank of some sort you just cannot be complacent.

 

[MicroGuy]

That doesn't make it any different, NP allows TM domains being advertised & sold and the fact that there is no broker involved makes no difference...it's the same policy.

There is a HUGE difference.

But it seems I have failed at explaining the differences to your understanding. The main difference (among many) is that Bido is directly profiting from the sale of the domain AND actively participating in the transaction. And of course Bido is an auction house and not a domain forum.

 

[Damion]

So the problem you have with Bido is the combination of openly facilitating TM domain sales and making a profit?

Not the act of trading TM domains itself?

Because NP does not directly profit from TM domain sale transactions NP is still in murky waters allowing a marketplace for TM domains which to me is the core problem and not the profit part, the fact that NP allows a marketplace for TM domains is the common factor that leads me to state Bido's policy is not that unique...I don't care much about the profit factor.

In your reasoning NamePros.com is the place that is allowed to facilitate the sale of PayPalDeposit.com - I guess it depends with what you would have a gripe with right?

For me it's the TM trading part, for you it's only the profit part of TM trading.

Oh well.

 

[MicroGuy]

I'm not going to discuss this any further...it is what it is.

Because NP does not directly profit from TM domain sale transactions NP is still in murky waters allowing a marketplace for TM domains

If you have a problem with Namepros, maybe you should start a new thread. I started this one to discuss Bido™.

 

[Damion]

If you have a problem with Namepros, maybe you should start a new thread.

I have brought it up before in a thread, but not started by me.

I've continued this discussion in order to learn more about your stance on the matter and clearing up what it exactly is that for me proves Bido's policy is not as unique as you try to make it out to be.

I started this one to discuss Bido™.

Right, as I mentioned you have some sort of personal problem with Bido and objectivity is for you not a factor that is relevant when you created this thread due to the fact you want to make it out to be that Bido is the only one in the domain industry allowing a TM domain market place and profit from it directly or indirectly.

This thread is pointless...

I'll drop out of this thread as well before you make your personal unwarranted attacks towards me even worse.

But it seems I have failed at explaining the differences to your understanding.

 

[MicroGuy]

I'll drop out of this thread as well before you make your personal unwarranted attacks towards me even worse.

Personal attacks? I'm sorry if you consider my admission of failure a personal attack.

 

[MicroGuy]

However, PayPalDeposit.com....Common sense should scream at anyone that it can only have a nefarious purpose. That has 'PHISHER' in big pink neon lights over it.

I agree. In domaining we must draw the line at some point, and for me, this is the point. This type of sketchy behavior is what gives domaining a bad name. IMO.

 

[Kate]

I think that the problem with Bido is the audience.
It's a domainer to domainer market, seems like people are just looking to offload names that they would probably not even keep. That's why quality is so poor.

 

[h2o]

Namejet and Pool, the big dogs in DN auctions, are also guilty of this. I pointed this out months and months ago...

http://www.namepros.com/legal-issue...ool-and-namejet-encourage-tm-infrigement.html

 

[BizBot]

I do not think Bido is responsible for checking every name listed on their site for possible trademarks. However, when it is known that a name listed *is* a trademark infringement such as PayPalDeposit.com those names should be removed.

To me, it is more of doing the 'right thing' than just saying "we are not responsible".

 

[TestCase]

As I'm want to do from time to time, I'm going to play the devil's advocate here and suggest that if we are going to hold Bido -- or any other sale site or forum -- accountable, then shouldn't we REALLY be holding the registrars of such ill-gotten TM dn's responsible for allowing the registration to occur in the first place??? Shouldn't it be their responsibility to make sure the purchaser is an affiliated party at the outset?

Just a thought...

 

[Archangel]

Damion, MicroGuy -- DOES IT MATTER??! lol Stop bickering.

 

[-Adam-]

I honestly don't see why the company should be held responsible if someone decides to willingly register and sell a TM'd name. It is not their job to "babysit" the domainer(s) who are registering these names knowingly and unknowingly to turn a profit.

Do I agree that someone who registers the domain name you posted in the original thread is not infringing? Absolutely not, but that due diligence needs to lay with the person registering the domain name. Not the auction houses.

Just my two cents......

 

[MicroGuy]

I honestly don't see why the company should be held responsible if someone decides to willingly register and sell a TM'd name. It is not their job to "babysit" the domainer(s) who are registering these names knowingly and unknowingly to turn a profit.

Do I agree that someone who registers the domain name you posted in the original thread is not infringing? Absolutely not, but that due diligence needs to lay with the person registering the domain name. Not the auction houses.

Just my two cents......

So if someone unknowingly deals in a TM domain and the auction house profits from the sale knowingly (they've been alerted in this case at least) it's okay. This is problematic from a legal standpoint and places the auction house at risk. IMO.

 

[Archangel]

It's the fault of the domain house, not the owner. The former is allowing the sale. They are fully capable of removing a TM'ed listing. It's their job to police these things, yes. Why do they limit alcohol sales in the US to ppl 21 and older? The sale of alcohol, tobacco and firearms is very much monitored. So saying a TM is different is downright stupid. That's it and nothing more. Close the thread. The movie's over, people -- fade to black.