Trademark verification

[pablohc86]

Hello!
i don't want to be a bad guy registering domain protected by copyright or TM names..

but where i could check those informations?

i try many time with trademarkia.com but many times they say that is not registered while the name is a TM instead..
also trademarkia is only 4 US.. there is nothing for worldwide?

i see that the icann have open a clearing house in order to protect brand.. any way to put the domain name inside those listing and the system report if there is some legal issue?
would be fast and easy for all

 

[verbster]

My understanding is that that's actually backwards. The offer to sell the name without ever having used it (or intending to) indicates that you are a cybersquatter. The exception is when you register it for real use, abandon that use, and sell it TO the TM holder.

Go work that one out.

If this is correct, it would mean that registering it for real use means you must put it into "real" use for some defined legal length of time before abandoning it. I have no idea how much effort defines "real" use. Intentions won't matter if you buy it, say you intended to use it but decided not to and went to the TM holder to sell it. That would be no different than just buying it and trying to sell it to the TM holder. Any attempt to make the first unsolicited move to sell to the TM holder could be construed as bad faith.

As far as the Lanham Act and damages, all I know for sure is that I've received four C&D letters in my early domaining years. Two were nicely worded; one even offered me $100 for the time and effort to transfer it to them. But two were incredibly aggressive, and said if I didn't hand it over to them immediately, they were going to eat my firstborn. I wanted no part of them and whatever action they may have decided to pursue.

The American Airlines example sounds reasonable until you remember we're talking about domainers, not business people that own the hose business.

 

[Dave_Z]

The offer to sell the name without ever having used it (or intending to) indicates that you are a cybersquatter.

From what I've read and understood so far, I think a problem is that some owners tried to sell (so-called) generic domain names by "riding" on the coattails of their trademark namesakes.

Besides, a trademark holder has to prove that the domain owner had a "bad faith" intent to sell that (generic) name. Both ACPA and UDRP require that, anyway.

I find it somewhat interesting that you choose to call TM holders a**hole for going after a domain name.

He he, I suppose I should've added "some" to that.

(The one about Trump, BTW, has a back story. I commented about that somewhere in the CNN article.)

At any rate, I think this further discussion is rather drifting from the OP's main question. Interesting, though, on a personal level.