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Trademark question?

Discussion in 'Legal Discussion' started by Taylor Hamilton, May 19, 2017 at 1:52 PM.

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  1. Taylor Hamilton

    Taylor Hamilton Established Member

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    Is there a point in buying a domain that has an exact match name for a company that is using the same name with a hyphen? They can just file UDRP and take the name right??

    Thanks guys!
     
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  2. Taylor Hamilton

    Taylor Hamilton Established Member

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    And yes, lets say the name is Trademarked for the one good thing it would be used for.
     
  3. stub

    stub Top Member VIP ★★★★★★★★★★

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    You have to infringe on the trademark. So the company has a trademark for the domain name. This is kinda way too little information to give you a comprehensive answer, and I'm not a lawyer. You should seek the advice of a trademark lawyer.

    You can trademark "boots" for an equine business. So it's doubtful that it's true that there is only one good thing that it could be used for. You could buy the domain and run an equine business on the domain and provided you haven't infringed on their trademark, you'd be technically, safe from a UDRP land grab.

    But in your starkest example. You already know the answer to your question. The company has a trademark on the left of the dot portion of their domain name, and you want to buy the non-hyphenated version and sell it on to somebody else. As I said. I'm not a Lawyer. But you have probably broken the Lanham Act, and the aggrieved party, can sue you under that, with a max fine of $100k per breach. IIRC. Or they could probably just take you court, with untold outcome.

    You'd need some fancy footwork from some top trademark lawyer(s) to mitigate your losses.
     
    Last edited: May 19, 2017 at 7:07 PM
  4. baseballworld

    baseballworld Legendary Domainer VIP ★★★★★★★★★★

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    It's a gamble 6 to 1 half a dozen the other. Question is are you willing to risk it?
     
  5. Taylor Hamilton

    Taylor Hamilton Established Member

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    Thank you guys very much!! Thats exactly what I needed to hear.
     
  6. Pepto

    Pepto Supportive Member NamePros Supporter

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    Also watch out i read some pages on Phonetic Trademark Infringement for example i fancied purchasing Hebay (H) because of the (H) it still sounds like the trademarked site and you could be asking for some exchanges from lawyers.

    As far as i am aware your rights to use the site in fair use still stands but you cannot make revenue from it.

    Again if your unsure take @stub 'advice
     
  7. Corey

    Corey Business Member Business Account VIP

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