question Why are some domainers still buying the trademark domains?

[jamaltq]

Hello guys
Why do you think that some domainers are still buying this kind of domain names.
Thanks

 

[CJ6]

Is Jeep a trademark? Yup.
Did Jeep come up with it? Nope. Popeye did.
Do a Google search for "jeep" and see all the Jeep domains. Not all tm are fought by the companies.
I once came across a Jeep.cc (can't remember which country code). It was a Jeep group site in their country not owned by Jeep.
So, its a gamble. If you are doing it only for profit, don't bother. If you are making a website and can find no other alternatives, then go for it.

 

[Domains - Wanted]

Hello guys
Why do you think that some domainers are still buying this kind of domain names.
Thanks

Some, because they have no clue. Others, because they are knowledgeable on this subject and can do so with impunity

 

[domeen]

I was just making a point. All trademarks are ok, as long as you know how you can use them.
I am not advicing anyone to register mocrosoft, google etc typos etc..
Unless you are Mike Mann and have balls of steel.
And everything is not that white and black like some newbies think.

 

[WhoaDomain.com]

I have some of trademark domains in the past, and I have received a warning from the official trademarks lawyers, to return them the domains.
So, I did.

I'm sure it does in most cases but what I'm saying is the ones you see with privacy maybe maybe maybe have an "exit" plan the involves a fat paycheck


Remember there is no such thing as bad publicity even or especially for TM holders

It's all good publicity.

Like such and such TM holder wins urdp for suchandsuch.com

How many high rank sites will mention it then?

I've putting nothing past anything anything is possible these days. Especially in marketing and "fake news"

 

[todaygold]

As we know, it is illegal to own the trademark domains, but you will find that some domainers still buying them.

And your point is? It's illegal to rob people, but people still do that too.

 

[jamaltq]

And your point is? It's illegal to rob people, but people still do that too.

Yes

 

[todaygold]

Yes

? So the point is....?

 

[Archangel]

Hello guys
Why do you think that some domainers are still buying this kind of domain names.
Thanks

Ignorance. "Hey, I bought nintendo.io and if you're retarded, I'll sell it to you for a million bucks!" We're all noobs at a time, remember.

 

[frank-germany]

As we know, it is illegal to own the trademark domains, but you will find that some domainers still buying them.

if you get more knowledgeable
you may understand that trademarklaw is complex
and it s not unlegal in the way you think it is

 

[baseballworld]

Not all domainers are experienced. Domainers can live any where. Not all domainers care. Not all Trade Marks are equal in size power and breadth (non legal explanation lol)

Think this sums it up really. Also some trademarks are not approved yet as well as some trademarks expire or are unfair so they arent even allowed. Like pizza hut had to drop a bunch of tm's on pizza names.

 

[eurorealtor]

I own more than 10 generic one word .com domains which were registered pre-2000, they are trademarked by thousands of companies in the world.

I believe, nobody can TM a generic word, unless it has a back up logo or a special fonts.
EU shall never TM a domain name as USPTO does.

 

[uglydork]

It's about the money. That's why we are here - right? Sometimes I may register a domain for free publicity knowing I may have to dump the name but it cross pollinates something else I am selling. I buy - sell and post for a reason. Every single article on this site or any web pages or blogs I have created all lead to sales. I honestly don't care if you negatively react or positively react, its all creating a buzz. I have thick skin so keyboard tough comments don't bother me at all. Free publicity and creating a buzz works for me.
My point is some people may do it because they are new and don't understand and some of us are calculated and do it for a reason. You don't have to agree with my methods.
I have never been sued but I have given names to the rightful owner for free. TerryBradshaw.com is an example. I spoke to his rep, I gave the name back BUT, it created some other opportunities. Some of you need to think outside the box. That was 7 years ago!
I literally have 5 people I met on this site that I may PM from time to time because I like them, the rest is business.
So go ahead and make fun of people for registering names YOU don't agree with, sometimes there is more to it than meets the eye. Plus, why does it bother you? Is your life that boring. We should all get along and learn from each other, I am more than happy to share any information I have with anyone. Hate me or love me, I make money at this and its only my hobby.
Now, I am going to watch my 9 year old play basketball and enjoy my life - go out and enjoy life! Stop worrying about what other people are doing - ask and learn.

 

[NameOmnia]

I will start with saying that I am not a lawyer so my opinion is simply my opinion but I agree with those who state that TM issues are really really complex and my most sensible advice is unless you know your stuff very well stay away from them.

That a company does not go after someone who has a fan site or forum does not automatically imply it is ok to have one; the company might have decided in that direction because of convenience...maybe because that fan site or forum brings them customers f.e.

As a general rule of thumb one needs permission from the TM owner to use their TM for the same purpose otherwise there is a TM violation and the TM owner has full rights to take action. At the end that is why companies register TMs.

Example: Ferrari. They will hunt you down if you try to use that name for anything that can even remotely be in relation with cars, merchandise, mechanics etc etc BUT if your surname is Ferrari ( very common in Italy ) and you are a plumber they will definitely leave you alone.

To complicate it even more there are TM classes which specify what the TM is registered for and the brand/company protected against.

In conclusion; the key word in my opinion is the use one makes of the TM word/s ( for logos, images etc there is no way out, you cannot use them period. ). For TM laws even if the word/s and use are just confusedly similar one can be in trouble.

 

[creataweb]

Some people like risk. It gives you an adrenaline rush.

 

[Mister Funsky]

trademarklaw is complex

VERY complex...had a couple run ins. Both times I was in the right...meaning the names only contained part of a trademarked name or phrase and even in the generic world of parking, neither name pulled anything remotely close to the complainant(s). The names were taken and 'held' by the registrar pending my response...although I asked nicely to have them back, the names were reassigned.

The value of the names weren't even close to what a lawyer would have billed for shooting off a couple of letters...chalked it up to experience.

btw...wipo is in the 'favorites' bar of all my browsers now

 

[Domains - Wanted]

...The names were taken and 'held' by the registrar pending my response...although I asked nicely to have them back, the names were reassigned...

What exactly do you mean by "reassigned"? And was this pre- or post-UDRP ruling?

 

[Mister Funsky]

What exactly do you mean by "reassigned"?

They were given to the companies/person that filed the complaint. Never got to an official stage...wasn't worth the financial fight. Knowing what I know now I would have fought one for sure. The other was big tobacco...pockets too deep!

 

[Fuadiansyah]

Because there are still uneducated domain investor out there and they can get a little profit from it...
Seen a clearly trademark infringement, hand reg name sold for $115 on Flippa about 3 days ago. What a shame...
https://namebio.com/macbooklaptop.com

 

[Fuadiansyah]

I think this interview with David Weslow might be useful regarding trademark issue..

David Weslow: Right. So, all trademarks are categorized on what is called a spectrum of distinctiveness. On the one end, there are coined words. These are words that do not exist in the English language. Something like Verizon. There is really never going to be a good reason to register a domain name that incorporates a coined word. It is going to be very hard to establish you had good faith intent when registering that type of trademark. Moving down the spectrum are arbitrary trademarks. So that is where the word exists in the English language, but if it is used in some arbitrary manner, it can be a valid trademark. Apple is the classic example.

So, apple in relation to fruits cannot be a trademark. Apple in relation to computer products or digital media obviously is a very strong trademark. If you are registering words that you might think are generic, under trademark law, it really depends on how is it being used. Under trademark law, it is not generic and therefore exempt from trademark protection, unless you consider the use. So, a generic word from a trademark sense is where the word is being used as the name of what is the genus of the goods or the services. So, if you are registering those types of words, there is always a possibility there may be a trademark. It is a great idea to do a trademark search. Make sure you are not running into someone who is using that word in the arbitrary sense that has given them trademark rights.

Michael: Got you. So, if I register Apple.info, and I may have good faith intent to have apple orchards or things like that, that might be fine. But if I am registering AppleComputers.com or AppleComputers.biz, or I am registering AppleHDTV.com, that is clearly a domain name that associates with computers and Apple Computers' trademark.

David: Yeah, that is right.

Source: http://www.domainsherpa.com/do-not-register-trademark-domains/

 

[Fuadiansyah]

Even clear tm- s can be used in legitamate way

Fan sites, hate site.
Microsoftsucks dot com, where you say that microsoft sucks. Thats legitamite way

Another important point of the interview regarding this issue.

David Weslow: Now, if you overcome that hurdle of your intent and your use as truly noncommercial, it also depends on the domain name. Some UDRP panelists have found that the domain name itself must express that criticism. The classic example would be adding 'sucks' to the trademark. Some panelists have said, "Well, if you have done that and you have used the site in a non-commercial manner, it is not subject to the UDRP," but there is really a split there. Other panelists have said, "Well, the domain name may yet be subject to the UDRP based on the other factors." So that is a bit of a gray area. Under US Federal Law, assuming the use is truly non-commercial and there is critical content of the trademark owner, it is less likely to be found to have violated the ACPA, so less likely to be cybersquatting. There may yet be a trademark infringement claim that is going to relate to: "Is there a likelihood of consumer confusion raised based on how the site is structured, how it looks? Will be think there is an affiliation?"

Now, if it is a criticism site and it is legitimate criticism, probably not, because most people would not think that someone that is saying not favorable things about a company has some relationship to the company. But if it is light criticism coupled with ads, it could actually be a cybersquatting issue.

Michael: Yeah. All right, so when .SPORTS becomes available, if somebody goes out with the intent of building a fan blog on SeattleMariners.sports or maybe Mariners.sports, or something with a team name in it, that requires all the conditions that we just talked about. It needs to be non-commercial and it needs to state that it is not affiliated with the official organization.

David Weslow: Right. So, if the true intent - again, if you were ultimately, worst case scenario, pulled into court and you are under oath and your true intent - was not to monetize the domain name, but just to talk about what a rabid fan you are of whatever team that is, then that is unlikely to be bad faith intent under the cybersquatting act. It may still be trademark infringement, because the way you use the trademark may be found to have caused a likelihood of consumer confusion. People may think that you are sponsored by the team or that there is some affiliation or some relationship, so that could be trademark infringement even though it is not cybersquatting.

 

[Domains - Wanted]

They were given to the companies/person that filed the complaint. Never got to an official stage...wasn't worth the financial fight. Knowing what I know now I would have fought one for sure. The other was big tobacco...pockets too deep!

Never got to an official stage...?
From what you've described, an UDRP complaint was filed. That's as official as it gets!

 

[Mister Funsky]

That's as official as it gets!

True! I guess just because I didn't fight doesn't make it unofficial...changed the way I reg for sure!

 

[frank-germany]

Another important point of the interview regarding this issue.

so I guess trademark.sucks used in a non commercial way
is safe?

 

[Domains - Wanted]

so I guess trademark.sucks used in a non commercial way is safe?

Nope!

 

[rahul page]

its not illegal to buy any do domain name they may see it beneficial