Dominion.Domains

Understanding Trademark

Labeled as discuss in Legal Discussion started by chuckworries, Jun 21, 2018.

Replies:
11
Views:
326

  1. chuckworries

    chuckworries Established Member

    Posts:
    21
    Likes Received:
    2
    (note: I had read many previous threads on the trademark issues and googled a lot, still i am not confident that i got enough..)

    I want to flip domains. for ex. i want to register "example.com", but there are many trademark registered with exact same name, can i still buy it and flip it ?

    what questions comes in my mind are..

    1. can they sue me up, for using trademarked name ?
    2. does it includes all the extinctions, if i have "example.com", "example.org" and "example. net" , so they'll take all from me?
    3. how much it costs to take action against trademarked domain holder?, i heard it costs around 500$, is it true? if yes, then it doesn't make sense to sue us up for 500$, they can buy domain directly from us in a cheaper price....
    4. what precautions you take before registering a domain name for flipping? do you always make sure that domain name is not trademarked ?

    I flipped my first domain a week ago, without knowing about this trademark issue, and i am still alive :xf.grin:

    thank you.
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. IMEZI

    IMEZI Active Member VIP

    Posts:
    4,461
    Likes Received:
    1,149
    1. yes they can, especially when you using the domain in bad faith against the trademark holder

    2. yes it would includes all extension (tld)

    3. if those company pay 250$ for each trademark domain it will be abused, let say i had LEGO11.com up til LEGO99.com, do i got 250$ for each of those domain? LOL

    your first flipping were succesfull because the company were not know how to sue you LOL
     
  3. pinkdragon

    pinkdragon Established Member

    Posts:
    279
    Likes Received:
    593
    Stay out of TM domains. "Flipping" chances are slim, but chances of losing money is big.
     
  4. chuckworries

    chuckworries Established Member

    Posts:
    21
    Likes Received:
    2
    thanks for information.

    so all i have to do is check on the trademarkia and if the name is registered there then stay out of it ?
     
  5. Kuffy

    Kuffy Name Stag VIP

    Posts:
    3,472
    Likes Received:
    5,512
  6. Ategy.com

    Ategy.com Upgraded Member Gold Account VIP

    Posts:
    2,407
    Likes Received:
    7,637
    Most people don't really understand trademarks .. be very careful getting advise here.
    (including from me .. lol)

    Filing for a UDRP action is $2000 I'm fairly sure .. then add lawyer fees etc and in general it would likely cost a company about $5000 to take action against you. But do NOT take that as to mean they will buy the domain from you at $4000 or even $1000 .. if they think you are doing it in bad faith they will still take action against you simply to stop you from doing it again in the future. Doing this sort of thing also makes the entire domain industry look bad. Plus there's always a chance they could sue you for a lot more than just the domain if they choose a different legal route.

    For the most part you will be safe AS LONG AS you don't use the domain in any way related to the business of the trademark owner (this includes trying to sell it to them). But there are plenty of exceptions depending on how similar to the trademark you are and how unique the trademark is.

    For example ...

    1- Example.com is generic enough that you would be completely safe unless you used it in a way as to be confused with the operation of the trademark holder of "Example"

    2- Microsoft.net (probably) isn't generic enough to be safe regardless of how you used the site.

    3- Apple.com is completely fine for you to use to sell fruit ... but the moment you used it to sell computers you would be infringing on Apple's trademark rights.


    It gets significantly more complex than that .. but at the end of the day trademark infraction is more dependent on usage of a domain as opposed to ownership of a domain. Again though .. if a trademark is unique enough a UDRP judge could still very easily find you guilty of holding the domain in bad faith.


    My advice to you is do NOT register any domains if you aren't sure.
     
  7. chuckworries

    chuckworries Established Member

    Posts:
    21
    Likes Received:
    2
    thank you for reply, this is helpful..
     
  8. sharjeep

    sharjeep Established Member ★★★★★★★★★★

    Posts:
    41
    Likes Received:
    31
    On top of all the legal arguments here (and in other threads), the problem with these domains is the lack of buyers.

    If you want to flip domains, your pool of potential buyers for a TM domain is not only low, but likely uninformed, so they are only buying at close-out prices.

    Most folks shopping for names do at least a cursory check before buying. With rare exceptions, if anything points to some type of TM issue, most will just pass. Just not worth the trouble.

    As to buying TM names with the purpose of selling to the TM holder...no. Just no. Things can real ugly, real fast.
     
    Last edited: Jun 24, 2018
  9. chuckworries

    chuckworries Established Member

    Posts:
    21
    Likes Received:
    2
    yeah no one will buy them..
     
  10. sheiky

    sheiky Established Member

    Posts:
    25
    Likes Received:
    12
    Sorry for hijacking your thread OP as I am in a similar situation and need to get things clarified.
    Recently I bought a domain which has a word iPhone in it. In that arena domain I am planning to do a drop shipping website to sell iPhone covers/cases only. After reading threads here I had a chat with the Registrar and they advised not to worry as I have purchased this domain I have every right to use this domain.
    If any issue as such I will get email from my registrar and no need to worry regarding that.
    I am not convinced with their statement either.

    As Ategy said above I am not going to use the domain in bad faith. My question is will there be a problem if I continue with this domain.? I am seeking expert advise here. Thanks.
     
  11. DnameAgame

    DnameAgame AISERP.com, Free SEO and Domain Research Tools Gold Account

    Posts:
    297
    Likes Received:
    401
    Apple doesn't play around, from what I understand. I would be concerned about using a domain with iphone in it to sell - well anything. But, yes, I'm sure you have the right - but they have the right to enforce their trademark & and you dont want to the the one enforced upon.
     
  12. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

    Posts:
    19,875
    Likes Received:
    19,310
    The Iphone domain is certainly problematic.
    Sometimes, TM holders allow resellers and partners to use domain names that embed their TM. Sometimes they tolerate it or don't pay much attention but they could come after you anytime.
    The best would be to get written permission.

    But I would advise to use a more generic domain name. The last thing you want is to put a lot of effort into development, SEO and have your site brought down overnight as a result of UDRP or legal claim.
     

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!

Share This Page

Lysted
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...