NameSilo

Trademark infringement

Labeled as question in Legal Discussion, started by Art And Nature, Mar 18, 2018

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  1. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    Hello everyone. Let's say I want to acquire a single word .com to use as company name for a company that I'm about to start. If I register a trademark under that name and the name is currently registered by a reseller that has no company and no other reason to own that name, other than resell it... could I get the name the legal way, instead of paying 200k for it (seller's price)? If so, how much would it cost me, in time and money?
     
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  2. mdent

    mdent Top Contributor VIP

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    It will cost you a lot and it won't work.
     
  3. karmaco

    karmaco Top Contributor VIP

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    No you can’t. The trademark and usage would commence long after the registration of the word. You want it you have to buy it.
     
  4. shane mac

    shane mac Established Member ★★★★★★★★★★

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    Wow, really asking this question? Reverse hijacking a domain are you serious?
     
  5. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    The question is asked in first person, but I'm talking about a domain that I own (flixboat.com) about a company that may get started in the near future :xf.grin: So, thanks, guys!
     
  6. Steven McEvoy

    Steven McEvoy StevenMcEvoy.com VIP

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    So a domain you register to hijack a startup, you are making this industry look bad with these schemes
     
  7. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    Nope. your TM would have a recent "in use" date, and the domain would have probably an earlier registration date. There is nothing inherently illegitimate about having a domain for sale which has trademarks associated with it by other people. Just as long as the owner doesn't infringe on any of their trademarks.
     
  8. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    This is ALL the industry is about. How do you rationalize what you do, if not making money on startup companies & projects?
     
  9. hxp

    hxp SuperDuperUltraRarePremiumHolographic Member VIP

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    That's exactly what we're doing, and there's no need to "rationalize" it.

    It's simple speculation. Like buying a condo on the top floor, because you know it's going to have the better view.

    What you're suggesting, on the other hand, is akin to forging the papers to his home and making it seems like the condo is actually yours, just so you can take it away from him by paying next to nothing.

    You want the top floor life, you have to pay the top floor price. If you don't like the price, or if you feel it doesn't reflect fair market value, negotiate. Don't use sly and sneaky methods. It will only backfire on you.
     
  10. DOMAIN ILLUMINATI

    DOMAIN ILLUMINATI Owner of ▲ the most expensive domain of all time. VIP Gold Account

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    I like the way how you explain it, especially the example with the "...top floor life / price..." and the "reminder" to negotiate.
    I think if there would be more domain - price - negotiations happen, there would be more domain sales happen... ...no one should "fear" the price - negotiation, no matter which domain / domain owner is involved.
     
    Last edited: Mar 19, 2018
  11. Montecar

    Montecar Established Member

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    This is called the interception domain. And if it were that easy, then why would the biggest commercial companies be paying a lot of money for a domain? Just find any domain you recognize have the owner of the trade mark or not and later in court. But not so simple. Not to mention the moral side of the issue with the interception of the domain is quite legal subtleties. You will register a trademark after domain registration and considering the price that you named most likely domain registration was a long time ago. Second, you will never prove that you have not borrowed the name of your brand from the domain you want to get and the third owner in court will name the argument that will convince the court that the Internet domains exist not only for commercial organizations and trademarks (there are non-commercial organization, animal protection funds, etc.).)
     
  12. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    Again, I'm the one selling the domain and I was asking the question because I FEARED copyright infringement. I now understand that literally everyone here is misunderstanding and disliking my initial post, so I'll edit accordingly.

    No wait, I can't edit, and I can't even close the thread!

    However, I'll correct the post here:
    --- ORIGINAL ---
    Hello everyone. Let's say I want to acquire a single word .com to use as company name for a company that I'm about to start. If I register a trademark under that name and the name is currently registered by a reseller that has no company and no other reason to own that name, other than resell it... could I get the name the legal way, instead of paying 200k for it (seller's price)? If so, how much would it cost me, in time and money?

    --- EDITED ---
    Hello everyone. Let's say someone wants to acquire a single word .com that I own to use as company name for a company that does not exist yet. If they register a trademark under that name and I own no company under that name and have no reason to own it, other than resell it... could this someone get the name the legal way, instead of paying 200k for it (what I think this company will be willing to pay, if they have no other choice)? If so, how much would it cost them, in time and money? (question asked so to understand which price should I put on the domain)
     
    Last edited: Mar 19, 2018
  13. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    I don't see how this post could possibly be construed as you owning the domain and were trying to sell it.
     
  14. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    Still confusing. So are you asking what is the cost to the buyer, who are having/plan to have a trademark that matches your domain? E.g. you're trying to see if it's safe for you to sell them the domain despite an existing/future mark?
     
  15. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    I edited the orginal post in my last post (can't edit the original). Actually, I don't know why I decided to ask the question like if I was the buyer, maybe my innter evil Teemo wanted to see your reactions to it :whistle:

    Jokes apart, a user scared me in the "Appraisals" section about copyright infringement on my domain. I asked this question with fear for my own domain, but also with curiosity, as my first evil thought was: "if they can acquire the domain I registered this way, could I do the same with any other?"
     
  16. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    I'm trying to know:
    - if it's safe for me to own the domain, against any copyright infringement;
    - if it is not, I'd like to know (approximately) how much the legal way would cost them, so to set price lower than the legal cost;
    - and yes, the question was asked that way because: if copyright infringement works, could I take any other domain the same way? (evil part of me speaking, even if I knew the answer was somewhat no)
     
  17. Acroplex

    Acroplex Top Member DomainGang.com PRO VIP ★★★★★★★★★★

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    Do they have a trademark already? Or you think they will?

    Too many parameters. It depends on your current/future use of the domain. Even if you registered it a "long" time ago, how you use it (in full knowledge of their active brand) can determine your potential loss of it, should they resort to a UDRP.

    Best way to know the ifs and the cost: ask a lawyer.
     
  18. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    The domain is parked. If putting a website on the domain would enhance my chances, I could easily create one. We're talking about a billion dollar company (started in 2013 from nothing) named "Flixbus", which has recently acquired and trademarked "Flixtrain" (unreported) and I own "Flixboat". Flixboat is not yet trademarked.
     
  19. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    They cannot acquire your domain from you for free unless you are infringing on their trademark(s). Theoretically. But if it is a well known brand, lets say for arguments sake, Amazon.com or Microsoft.com, and you have the domain parked, the parking company will surely provide ads on the domain which infringes on their trademark, and you will be toast, in any court battle. And you could be found guilty under the Lanham Act which can impose fines of $90k per breach (every ad they can show where their trademark is being infringed). In which case it's best to roll-over and give them domain if they come knocking. And finally, you are unlikely to have registered the domain in good faith, if it's a UDRP.

    On the other hand. If your domain was BlueBananas.com, and somebody has a trademark for Blue Bananas for a Beach Resort. You could own the domain quite happily, provided you don't infringe on their Beach Resort Trademark. ie for selling bananas which had been dyed blue with food dye.

    Posted before your last post above. Parking (with adverts) should probably be avoided in you example. But it does sound like you registered FlixBoat based upon the existence of their trademark.

    FlixBus TM has been abandoned under TESS. Is it registered somewhere else? Europe?
     
    Last edited: Mar 19, 2018
  20. Art And Nature

    Art And Nature Account Closed (Disallowed)

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    The domain currently points at a parking page with no advertising on it. I'll take your advice and won't be using any advertising, thanks!

    As for anything else, how much do you think I should be asking in order for them to prefer buying from me rather than even trying UDRP?
     
  21. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    If they ask you to surrender the domain to them you can ask for reimbursement of costs. Did you read my comments about their trademark. Where is their trademark registered?
     
  22. stub

    stub DNStore.com PRO VIP ★★★★★★★★★★

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    OK. I found the TM is still registered in Europe.
     
  23. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    This is a somewhat unusual, but nonetheless UDRP issue.

    The missing information here is (a) why do you believe such a company may get started in the near future, and (b) did you register the domain name prior to developing a belief the company may get started in the near future?
     

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