domains Why do people register obvious tm infringing domains? Because sometimes they get lucky

[equity78]

Time and time again experienced domain investors tell newer investors to stay away from trademark domains. I am not talking about names that can go either way but spot on pure infringement. But due to the fact that sometimes there is a sale people continue to do that. In January of this year Mastercard International […]
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[bmugford]

Time and time again experienced domain investors tell newer investors to stay away from trademark domains. I am not talking about names that can go either way but spot on pure infringement. But due to the fact that sometimes there is a sale people continue to do that. In January of this year Mastercard International […]
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If you think it is bad with traditional domains, check out web3 domains. The lack of respect for obvious trademarks is next level.

Brad

 

[Grilled]

At which point are marketplaces exempt from facilitating and profiting from the sale of trademarked domains?

Spoiler: Gemini Answer

Marketplaces are generally not exempt from facilitating or profiting from the sale of trademarked domains.

While marketplaces may have policies in place to prevent the sale of infringing or counterfeit goods, these policies often do not provide a blanket exemption for trademarked domains.

Here's a breakdown of why:

• Trademark infringement: Selling a trademarked domain without the owner's permission can constitute trademark infringement. Marketplaces can be held liable for facilitating such infringement if they have knowledge or should have knowledge of the infringement.
• Profit from infringement: Marketplaces often profit from the sale of goods on their platforms, including trademarked domains. This profit can be seen as benefiting from infringing activity.
• Duty to protect: Marketplaces have a duty to protect their users and the broader public from harmful or illegal activities, which includes preventing trademark infringement.

However, there are some nuances to consider:

• Innocent infringement: If a marketplace can demonstrate that it was unaware of the trademark infringement and took reasonable steps to prevent it, it may have a stronger defense.
• Safe harbor provisions: In some jurisdictions, online marketplaces may be eligible for safe harbor protections if they meet certain criteria, such as promptly removing infringing content upon notice.

It's essential for marketplaces to have robust policies and procedures in place to prevent the sale of infringing trademarked domains. These policies should include:

• Verification processes: Requiring sellers to verify their identity and ownership of the domains they are selling.
• Trademark search tools: Providing sellers with tools to search for existing trademarks and avoid infringement.
• Notice and takedown procedures: Implementing a clear process for trademark owners to report infringing listings and for the marketplace to take action.
• Educating sellers: Providing sellers with information about trademark law and the importance of avoiding infringement.

By taking these steps, marketplaces can reduce their risk of liability for facilitating trademark infringement and protect the interests of both trademark owners and their users.

tagging @Dynadot

 

[Future Sensors]

tagging @Dynadot

I think you could tag all these marketplaces

 

[pb]

Because TM laws are intentionally vague. I don't register TM domains but there are lots of trademarks that are confusingly similar to my domains. Why would anyone register a trademark consisting of a name of a fruit, or an animal, or a river, or any other common word for that matter? At first they are registered for one or two classes, so it doesn't pose a significant problem to the others, but then they creep out and around and suddenly you can't use apple or orange for anything but selling actual fruits, because "infringement".

 

[equity78]

Because TM laws are intentionally vague. I don't register TM domains but there are lots of trademarks that are confusingly similar to my domains. Why would anyone register a trademark consisting of a name of a fruit, or an animal, or a river, or any other common word for that matter? At first they are registered for one or two classes, so it doesn't pose a significant problem to the others, but then they creep out and around and suddenly you can't use apple or orange for anything but selling actual fruits, because "infringement".

I agree with you that there are many names where everyone could have a potential usage. Your examples are good with fruits etc... I made the point about blatant infringement, Mastercard is known worldwide it's not a fruit or an animal.

 

[pb]

Sure, the thing is, for the TM holder, all domains are "obviously infringing" unless proven otherwise. For us it's the other way round. You talk about a specific example in the blog post, but asked a general question on the forum. BTW the blog post is wrong, the TM was for "MasterCard Biz 360", not MasterCardBiz360.com. And yes, it's a scummy practice, but btw I had a reverse case, I launched a website on a domain and someone filed a TM for that exact domain in these exact classes before we got around to doing it. Fortunately we successfully contested it. Anyway it works both ways.

 

[forge]

About a year ago I bought a domain from Mark Monitor. A little bit ironic, don't you think?

I got a free push, but I already paid.