question Trademark domain buying?

[what_the_hell]

I found a good domain however when i checked the "LLC" with same name there were many similar names of llc already registered (like 10-20, some owners were from china and some from usa etc).
Does this domain count as trademarked domain? And if yes which LLC owner can sue me, like all of them has similar llc names already registered.

 

[johnn]

Any of them or all of them can sue you.
Why do you want to be sued?

 

[what_the_hell]

Any of them or all of them can sue you.
Why do you want to be sued?

Thanks for reply. Its like .io version of that llc, will they still be able to sue me and get that away from me. Also I will not hoax there identity, and name is very common genre.

 

[what_the_hell]

Also If i take llc with same name for lets say already website of some one else, can I sue them too ?

 

[Surya Giri Kurniawan]

Also If i take llc with same name for lets say already website of some one else, can I sue them too ?

Also If i take llc with same name for lets say already website of some one else, can I sue them too ?

Trademark infringements have to be proofed as bad faith registering a domain.

If you have a trademark in Hotel.com, doesn't mean another party can't have a hotel business and built a website with Hotel.NYC. As long they are doing their own business, and not ruin your business, you can't sue them...

If you build a hotel and apply a trademark in Hotel, it doesn't mean you are now permitted to sue every domain with Hotel in it. You only can sue domain owners who ruin your hotel business, and you have to proof it..

Trademark doesn't mean you are the owner of the therm, trademark only to protect your business from other party cheating by blackmail you to buy his/her domain with high price, someone making website that will confuse your customers, making website that giving bad image to your business. If someone have business in same field, trademark protect you from unfair business practical from your rivals..

For example, Hotel is generic therm. Hotel Dubai is still a generic therm. But Trump Hotel is a brand owned by Donald Trump. Hotel Combined is brand of Hotel Affiliate Marketing. Hilton Hotels is a brand owned by Paris Hilton's family. It is OK if you built your new brand, Pink Hotel, and you make a website with PinkHotel.com. But it is a problem if you make a website with TrumpHotel.info, because it will confuse Trump Hotel customers as official website, but you have no correlation with Trump Hotels. It is OK to register Hotel.NYC as long as you don't put Trump Hotel or Donald Trump picture on the website.

 

[what_the_hell]

That's really informative. Thank you!

 

[Peter45]

Trademark infringements have to be proofed as bad faith registering a domain.

If you have a trademark in Hotel.com, doesn't mean another party can't have a hotel business and built a website with Hotel.NYC. As long they are doing their own business, and not ruin your business, you can't sue them...

If you build a hotel and apply a trademark in Hotel, it doesn't mean you are now permitted to sue every domain with Hotel in it. You only can sue domain owners who ruin your hotel business, and you have to proof it..

Trademark doesn't mean you are the owner of the therm, trademark only to protect your business from other party cheating by blackmail you to buy his/her domain with high price, someone making website that will confuse your customers, making website that giving bad image to your business. If someone have business in same field, trademark protect you from unfair business practical from your rivals..

For example, Hotel is generic therm. Hotel Dubai is still a generic therm. But Trump Hotel is a brand owned by Donald Trump. Hotel Combined is brand of Hotel Affiliate Marketing. Hilton Hotels is a brand owned by Paris Hilton's family. It is OK if you built your new brand, Pink Hotel, and you make a website with PinkHotel.com. But it is a problem if you make a website with TrumpHotel.info, because it will confuse Trump Hotel customers as official website, but you have no correlation with Trump Hotels. It is OK to register Hotel.NYC as long as you don't put Trump Hotel or Donald Trump picture on the website.

Thank you a lot Surya
TM infringement is not a question of non-compliance with some linguistical metrics rules but ultimately of damaging the TM owner business.
Very true


A newbie question: all your examples of TM infringements concern building a website, by which the TM owner business gets damaged, but how is it possible by just selling a domain - not to the TM owner! - to damage the TM owner business?
Following your example: Selling to a unknown buyer the domain trumphotel dot info, how is this considered as damaging the TM owner business?

 

[Surya Giri Kurniawan]

Thank you a lot Surya
TM infringement is not a question of non-compliance with some linguistical metrics rules but ultimately of damaging the TM owner business.
Very true


A newbie question: all your examples of TM infringements concern building a website, by which the TM owner business gets damaged, but how is it possible by just selling a domain - not to the TM owner! - to damage the TM owner business?
Following your example: Selling to a unknown buyer the domain trumphotel dot info, how is this considered as damaging the TM owner business?

Just imagine this, who wants to buy TrumpHotel.info if it is not Donald Trump or his rivals, or criminals who wants to make illegal activities targetting Trump Hotel's Customers. Even they are not related to Trump Hotel, why have to pretend as officially Trump Hotel without permission of Donald Trump, if it is not a bad faith registering or buying a domain.

Just say to me, is there any intention of using TrumpHotel.info by other party of Trump Hotel its self, if they are registering the domain than blackmailing Trump Hotel to buy it, selling it to his rivals, using it for criminal activities targetting Trump Hotel customers, or stealing Trump Hotel original website traffics to profit from it? Any other use? No...

Some one registering it is obviously proofed as bad faith :

- blackmailing Trump Hotel to buy it at high price or if Trump Hotel is refused to pay :

One of this
- spamming customers of Trump Hotel, pretending as official, and doing criminals activities
- making website to steal Trump Hotel traffic by making customers confuse as it is official website, and profiting from Donald Trump's customers clicks
- selling goods related to Donald Trump without his permission and might be with bad quality and with customers disappointments it is damaging Trump Hotel image
- selling it to Donald Trump Rivals and Trump Hotel Rivals to be used to damage his business

 

[Peter45]

Just imagine this, who wants to buy TrumpHotel.info if it is not Donald Trump or his rivals, or criminals who wants to make illegal activities targetting Trump Hotel's Customers.

Just say to me, is there any intention of using TrumpHotel.info by other party of Trump Hotel its self, if they are registering the domain than blackmailing Trump Hotel to buy it, selling it to his rivals, using it for criminal activities targetting Trump Hotel customers, or stealing Trump Hotel original website traffics to profit from it? Any other use?

good point, thank you Surya

So - if I understand it correctly - from the point of view of the domain investor who register or BIN-list for sale the domain "trumphotel dot com", his bad faith is assumed by the fact that one could hardly use "trumphotel dot com" without damaging the TM owner.

 

[Surya Giri Kurniawan]

good point, thank you Surya

So - if I understand it correctly - from the point of view of the domain investor who register or BIN-list for sale the domain "trumphotel dot com", his bad faith is assumed by the fact that one could hardly use "trumphotel dot com" without damaging the TM owner.

Some domainers are good domainers, but some other are cyber squatters. If it is HotelDubai.com, some one may hold it for his own purpose, or sell it to other persons. Even if it is Open.ai, it is still a chance the owner hold it in good intention, for his own use, or selling it without damaging OpenAi.com TM. Open is a generic word, open.ai can be used for robotics schools, open source robotics software, without competing with chat GPT. But if someone registering OpenAiGPT.com?

 

[Peter45]

Thanks again Surya!
a step forward in my learning process

But if someone registering OpenAiGPT.com?

Maybe (I hope!) a suitable quote from an article of Gerald M. Levine, Esq.:

Forfeiture (of a domain, i.e. bad faith) is warranted if “it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate.”