TM/ existng .com issues

[skarham]

I am a newbie to buying domains and recently realized that some of my domains are existing .com companies or have tm names in them. Do these names violate tm laws? if so will companies buy them from me or am I basically out of luck? Thank you for any feedback.

nasdaqnews.mobi
pdastreet.mobi
blackberrystuff.mobi

 

[GiddyUp]

If the names were TM'ed before you owned them, then yes they have a legal right to take them. However, some companies may not bother actively trying to take them from you. In the future, google "trademark search" and it should bring you to the us govts database of trademarked terms/names. search in there first before regging - good luck!

 

[michal]

well, i am also new and have just realized the same and i start to regret. among others i've registered few [BRANDNAME]Dealer.mobi domains, just because they had good overture numbers. now, after reading a bit about the trademark stuff and some forum threads, i do not know what can i do with these domains. some of the exactly the same .com's are operating ever for couple of years now. can i still sell these domains on sedo or ebay?

if sold, and can i still be sued for registering and selling the domain consisting a trademark? if yes, what is the best way to get rid of these domains?

 

[robertjr]

what is the best way to get rid of these domains?

Some registers have a delete function, but not all. So you could just change the DNS to "blank" and let them expire if your that concerned about it.

 

[DNQuest.com]

if sold, and can i still be sued for registering and selling the domain consisting a trademark? if yes, what is the best way to get rid of these domains?

If you stole a car and sold it to an unsuspecting person, are you still liable for stealing the car? (the answers are the same).

Leagally, you can be help liable in such a case. In reality, unless you were already contacted about the TM infringment, if you sold the domain, the TM holder would not come after you. Companies are just looking for thier domains.

Sharham, this is the best advice you will ever receive...

Use the search box in the legal section and type "trademark" and "TM", spend about a week reading every single thread and post. It will save you time and $$$$ and huge headaches. That is the easiest way to help you at this moment. Just about everything under the sun has been covered with point/counterpoint discussions. Then after a week, if you still have questions, then post. Trust me, you will learn alot by doing this.

 

[skarham]

thanks for the advice. i will def. do more research before spending anymore money. So far I do know that none of these exact business names are trademarked according to the US TM database.

 

[DNQuest.com]

thanks for the advice. i will def. do more research before spending anymore money. So far I do know that none of these exact business names are trademarked according to the US TM database.

See, you didn't research before making this post I see :lol: TM 101 - "similiar" or "confusingly similar" are the terms most commonly refered to when a challenge is being made, so it does not have to be "exactly" the same, but similiar. So the easy thing is, when someone sees the name, would it remind them of a company/service/product/celeb? If the asnwer is yes, then the TM holder passed the first test.

 

[skarham]

DN, I'm glad your entertained so easily LOL. I just wanted to thank you for the advice. In no way am I done researching TM issues and will be taking your initial advice.

 

[Ronald Regging]

Use the search box in the legal section and type "trademark" and "TM", spend about a week reading every single thread and post. It will save you time and $$$$ and huge headaches. That is the easiest way to help you at this moment. Just about everything under the sun has been covered with point/counterpoint discussions. Then after a week, if you still have questions, then post. Trust me, you will learn alot by doing this.

I think this is the best advice that can be given and it relates to any topic in the world. The best place to find great information is on forums. You spend a week or two reading a forum related to a specific topic and you can pretty much be a near pro... Well, you know, assuming you don't have the reading comprehension skills of a moose.