TM Question

[ckdomain]

Ok

All this is hypothetical. So lets say I own coke.com. Someone contacts me, with an email that appears to be from a different company. They ask how much I want for the domain. I tell them I was going to keep it for a fansite, but I will do offers. Is this the right way to do it? Ok after that lets say they offer 500. I accept. Is it possible that coke emailed me with a fake email to see if I would use an outragous price, and then they could file a lawsuit against me? I wasnt sure if companys use fake [email protected] emails to look for squatters.

Thanks

 

[gemstar]

If you have let's say Coke.com and you have a website totally unrelated to their product you can ask for anything you want since it has nothing to do with their trademark. :tu:

 

[Corey]

why be hypothetical... if you want to do the right thing...

be upfront with us

Cheers

Corey

 

[snowbird]

Not all hypothetical questions are asked because the person is in that kind of situation. Maybe he is asking just because he is curious. For example I called fedex today to ask if they would charge me for a package pickup if I gave them the package while they were doing a dropoff. I wasnt sure so I asked in case I ever found myself in that kind of situation. Maybe this person doesnt own the domain in question yet and it has yet to be registered. Mentioning the domain could cause someone to register it on him. So in these cases, its always good to stick with a hypothetical question.

why be hypothetical... if you want to do the right thing...

be upfront with us

Cheers

Corey

 

[Corey]

uumm post was made in the Legal Issues and Disputes thread!

 

[aceeca]

Ok

All this is hypothetical. So lets say I own coke.com. Someone contacts me, with an email that appears to be from a different company. They ask how much I want for the domain. I tell them I was going to keep it for a fansite, but I will do offers. Is this the right way to do it? Ok after that lets say they offer 500. I accept. Is it possible that coke emailed me with a fake email to see if I would use an outragous price, and then they could file a lawsuit against me? I wasnt sure if companys use fake [email protected] emails to look for squatters.

Thanks

Interesting....very interesting.

 

[jberryhill]

Is this the right way to do it?

The right way to do what? Make money from trademarks? There is no right way to do that.

Now it is absolutely true that companies and law firms regularly use fake identities in order to ask you about domain sales for the purpose of then using your response as the damning "offer to sell" the domain name in a domain dispute.

When lawyers do it, by the way, it is illegal in several jurisdictions.

This is an offer to purchase a domain name:

"I will buy X domain for $Y"

These are not offers to purchase a domain name:

"Is X domain for sale?"

"How might we acquire X domain name?"

"We would like to obtain transfer of X domain name?"

"Do you have a price for X domain name?"

and so on.

 

[labrocca]

These are not offers to purchase a domain name:

"Is X domain for sale?"

"How might we acquire X domain name?"

"We would like to obtain transfer of X domain name?"

"Do you have a price for X domain name?"

Yes but is a response like:

"I wasn't offering this for sale but if you want to make an offer feel free. I will at the very least respond to an offer."

Well..is that an admission that you are trying to make money from their TM? I don't believe curiousity is any admission...what's good for the companies is good for the TM holder. I almost never reply to anyone with a number especially one where a TM might be involved. They are gonna have to shoot first.

The right way to do what? Make money from trademarks? There is no right way to do that.

I don't know if that's so true. There is a lot of grey area floating around. If I have a legit fan site or maybe a TM name being used for my own usage then company X wants my domain...legally I may be entitled to keep the domain. That leaves them ONE legal legitimate choice...to pay up. Yes they can sue you and UDRP but that doesn't mean they can win nor does it mean they are right.

I run GoogleGas.com because I started a gas station. Google really wants the domain. On my site I discuss my gas prices and services I offer related to my store. Do you think Google has a right to my domain John?


(yes I must be stupid today arguing with John)

 

[jberryhill]

Well, yes... subject to the general observation that every retailer is "making money from trademarks" if they advertise the sale of X brand products at their store.

I'm sure many folks would like to "Go Ogle Gas"...

 

[Dave_Z]

Not to mention how many people think Google's got anything to do with that
gas station, Google being a unique and famous trademark.

 

[jberryhill]

I should use sarcasm tags...

 

[verbster]

I don't think owning a gas station named Johnny's Gas would be a TM infringement on Johnny's food products. Does that mean Google Gas would be an infringement only because of their degree of recognition?

 

[jberryhill]

Yes. Famous marks are subject to protection against dilution.