TRADEMARK PROBLEM-FAST ANSWER PLEASE

[vladist1985V]

I have next question.For example pop.com is registered before pop trademark and in this case don't have some problem.But I see pop.xyz i available and register it.My question is-if pop.xyz domain violate trademark pop because trademark is registered before pop.xyz domain or because pop.com i already registered before trademark I will not have a problems????Please for fast answer

 

[johnn]

There are thousand of names out there that you can buy and sell.

Why take a chance? Stay away from TM names as no one here can answer any legal questions for you.

 

[ulterios]

When a domain is registered has little bearing on if there is a Trademark violation or issues. If you register a domain in bad faith (to use it to profit from TM holders TM) or are using the domain for the the same niche/field/area/etc then it's a problem.

If you are registering the domain for a generic word/term after the TM holders TM but are using the domain for something unrelated then you should have no problems with TM violation.

Stay away from the same thing that the TH is for and you should be fine.

 

[vladist1985V]

but a lot of a e letter.com domains violate some trademarks because marks are registered before domain.And people sell and other buy these names???

 

[johnn]

Let compare your question with the logic:
There are a lot of people stealing but you only see a handful of them get caught by the cops.

Beside it's money talk when it comes to litigation. Can you afford it?

 

[ulterios]

but a lot of a e letter.com domains violate some trademarks because marks are registered before domain.And people sell and other buy these names???

Well it's kind of like speeding in your car. As long as you don't get caught then you are fine.

Also, if the domain is used for something that the TM is not for then you will be fine as well in many cases.

 

[vladist1985V]

ok thank you guys

 

[ulterios]

ok thank you guys

You are most welcome.

Good Luck

 

[Manik]

All trademark owners require warning through mail (Post/email) with a cease and desist. Then they'll file a udrp or take you to court if you still don't give up the domain. Just create the website taht shouldn't mislead the customers. Donald trump owns the trademark for Trump and yet he lost a udrp against Trump.org. Don't confuse the customers and you'll be fine. Although even if one of your ads points to a similar genre, they can sue you. Choose your affiliates and ads carefully. Best of luck!