When TM issues are possible...

[Lyte]

If I have a domain that belongs to an up 'n' coming technology and may have a TM issue. What's the best way to not get it yanked by the TM company??

I know, that I'm not to make money on it (e.g. ppc). So, would it be best to...

1. Make it into a non-profit informational type site?

2. Don't do anything it at all and hope someone offers to buy it?

3. Or...

Thanks!

Lyte

 

[primacomputer]

This depends on many things. Did you register the name before they applied for the trademark, or before they started using the name? Did you register it a few days after you read a news item about them? Is this a generic descriptive word or is it a made up brand name? Why did you register the name? Do you have a legitimate use for it? Do you have other names that are trademarked?
Getting these right/wrong is just are important as (perhaps more so) what you do with it.

 

[Lyte]

Good questions! Here goes...

No.
No.
No.
Cuz I'm hoping someone will want to buy it from me... eventually!
No.
No.

:lol:

I've seen 50 other sites which are obviously NOT owned by the company with the TM so I'm not the first. Even so, I just wanted some thoughts on how to stay under their radar!

 

[dax]

Then - yes, TM issues are possible.

 

[primacomputer]

No.

If it's not a made up name or a descriptive word then what is it? A phrase? If it's not a standard word found in the dictionary then this is bad news for you. If it's their slogan or byline then your screwed.

Registering a name for speculation is a legitimate use provided it was done in good faith. Who would buy this name? If the only potential buyer is the company that has the trademark then your in trouble If someone else could use it legitimately then that's fine.

But if this were legitimate then you wouldn't need to “stay under the radar”. Obviously there are TM issues here.

You need to ask yourself why you want to hang on to it. Why not spread the word and hope the TM owner threatens you. Then you offer it for $1 less than a UDRP and they pay because it would cost them far more than that to take it from you. You get your $1,499 now. What happens if UDRP fees go down in the future. Lets say they drop to $500. Then your names only worth $499 and you're out a few years of reg fees as well.

 

[Lyte]

I reg'ed the name because I think it would have value to a provider of the TM'ed service. I'm trying to think of an example.... let's say the domain is XMRadioblahblah.com and would be suitable for a company that installs XM radios equipment for a living. So, if I'm not a XMRadio provider/installer.... making money for XMRadio as well as myself... would I be in trouble for having XMRadioblahblah.com??

What's a UDRP??

I'm not trying to be coy by not giving up the domain name. Doing so may give away a couple other related/alternate names which I'd like to reg myself one day! :P

Lyte

 

[Dave_Z]

What's a UDRP??

Uniform Dispute Resolution Policy. Check it out at www.icann.org/udrp/ .