Dynadot

What do you do if you reg'd a domain with a TM on it by mistake?

Catch.Club Catch.Club
Impact
319
I always check for trademarks before registering a name. But today one came up for hand reg that was so good, and seemed so generic as to be impossible to have a trademark, that I went for it without thinking to check. It's a name in the legal sector as generic as "Criminal law" would be. The TM in use is not in obvious area of how someone would use this the domain name.

So I will not put it up for sale for now. But I'm wondering, what do some of you do if you find yourself in this situation? I suppose I could delete it from my account. But if I'm not using it and not building anything with it and not trying to sell it, is there infringement anyway? Would the worst case be for me to be to simply have to give them the domain name?
 
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Leo2k

Established Member
Impact
125
Infringement would happen only when you use the domain for same or similar business related to the trademarked one. If the domain is going to be used for a different business purpose that will not confuse people this domain with that business, it will not infringe. *However, do extensive research on that domain and consult with any legal person.
 
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Impact
319
Infringement would happen only when you use the domain for same or similar business related to the trademarked one. If the domain is going to be used for a different business purpose that will not confuse people this domain with that business, it will not infringe. *However, do extensive research on that domain and consult with any legal person.
Along those lines, what if it were on a sales landing page with no ads (I never allow ads), or that generic Afternic ns5 page that says "this name may be available for sale", without a price. Would simply having it for sale be a problem?
 
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NickB

it's a mysteryTop Member
Impact
16,350
Worst case scenario, if it happened to me I would set a reasonable BIN price on the lander, no make offer = no chance for them to engage in conversation / threats and hope they hit that Buy now button......

If they or someone contacts me via another channel with threats of legal action I would just hand it over or delete the domain - if nothing happens over the 12 months then I'd drop it.....

My understanding is that it would not matter one bit if the business / domain was being used in the same niche / classification or not - if the domain in question is "confusingly similar" then they have the potential to take it away from you via UDRP

I think @Leo2k has got it wrong with their explanation......
 
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