TM Typo

[TOXX]

Lets SUPPOSE someone had a High Traffic typo of a TM domain...would it be "illegal" to JUST Forward it to another website to increase traffic???

Thanks!
Just wondering!

 

[Premium]

I don't think its illegal, but it shows bad faith, and the TM holder could potentially take the domain away from you!

 

[Keynes]

Technically, it's illegal to own a trademark-TM-domain per se, so the real questions are:

1) Does forwarding show "bad faith", otherwise increasing liability?

Forwarding to any site other than the intended site is in bad faith.

2) Is forwarding preferred to parking in a legal sense?

In either case, you are capitalizing on traffic that was intended for another firm; thus, both uses of traffic can leave you liable.

 

[TOXX]

I don't think its illegal, but it shows bad faith, and the TM holder could potentially take the domain away from you!

If its not "illegal" then how can they take your domain away???
...
Is it "safer" to park it??
...
Also, how about if you live in a different country?

 

[Premium]

Trust me, any domain infringing another trademark that shows "bad faith" can be taken away. This means putting up a website,parking,forwarding.. etc!

Doesn't matter what country you are in... (Maybe country ctlds are different.. I'm not sure)

Parking would be your best bet I think.

 

[Keynes]

If its not "illegal" then how can they take your domain away???
...
Is it "safer" to park it??
...
Also, how about if you live in a different country?

Firstly, it is illegal -- your use will determine to what extent it can be settled. Any commercialization -- parking, minisite, redirect, leaves you open to liabilities: there is no "safe" route, really except ridding yourself of obvious TM domains. Living in another country won't affect WIPO/UDRP, although it might affect certain civil court damage procedures.