Would Like Some Input on a Potential TM Issue

[domainicate]

I am hoping to get some advice from others who have dealt with this sort of this. I typically stay far away from domains where it looks like there could be a potential TM issue. I am considering purchasing such a domain because it's a steal, but of course, if there is an issue, it's not such a steal, right?

Without giving the specific info, I will use an example. Let's say I could get the domain bmwshop.com (BMW referring to the car). I see lots of BMW dealers and repair shops that use bmw in their domain name. I assume that the dealers have some authorization to use this per their agreement, but what about the small shops, that just service those cars in the after dealer world? Is it reasonable to think that bmw would be ok with this, or could they have an issue down the road?

My questions are:

1. Would you take a gamble on being able to sell the domain to and end user repair shop?

2. If so, would you disclose the potential the TM issue in the domain sale agreement?

I am leaning towards yes in both cases.

Thanks in advance.

Anthony

 

[Kate]

It doesn't answer the question but... what makes you think the domain will be easy to sell. And I understand you will be buying it at a premium (> reg fee). Perhaps the TM holder has a monitoring program in place like most big corps, and as soon as they detect a change in the status of the domain, they will have a look at you. Since you are not an authorized dealer, they will have no problem to challenge your legitimate rights.

I think there are enough opportunities in domaining, no need to take a chance with TM domains :imho:

 

[NPer]

You should read this.

TOYOTA MOTOR SALES U.S.A., INC. v. TABARI

http://www.thedomains.com/2010/07/1...ain-case-buy-a-lexus-com-buyorleaselexus-com/

Tabari developed the domain and was using it for a legitimate Lexus sales outlet. Toyota lost.

If you are parking the domain, you would be benefiting off their trademark. If you are selling the domain, you will be benefiting off their trademark as well. That's my opinion.

I would stay away from these completely.

 

[carob]

How much do you think you have to gain and how much do you think you can afford to lose? Are there reported sales of similar domains?

I'd just stay away from it, it just sounds like a headache.

 

[domainicate]

I appreciate all of your insights. My gut tells me to stay away, but the "Kevin O Leary" in me sees opportunity

 

[alien51]

1. Would you take a gamble on being able to sell the domain to and end user repair shop?

2. If so, would you disclose the potential the TM issue in the domain sale agreement?

You would have gained money from selling this TM domain to an unsuspecting and naive buyer.....

.... but you would have lost your soul.

 

[domainicate]

touche'

 

[Ten10]

If you are parking the domain, you would be benefiting off their trademark. If you are selling the domain, you will be benefiting off their trademark as well. That's my opinion.

I would stay away from these completely.

I agree. If it is a trademarked word or name of a nationally/internationally registered company, in the domain name, and if the website is for the same class the trademarked is filed under, I keep away. Not worth it. There are too many good niche areas too be mined!

If none of the words are trademarked or if the website is not for same goods/service as the trademark class, then it might be different story.

You may want to read:
817394-strange-question-about-similar-name
and
817212-help-registered-com-too-good-available

I favor names with generic keywords, where the sequence of keywords are not trademarked in any order and then have the primary keywords in the url, near the domain. like HotCarsShop.com/bwm

---------- Post added at 10:08 PM ---------- Previous post was at 09:54 PM ----------

LOL, I used HotCarsShop just as an example but HotCarsShop.com is not registered yet neither is HotCarsGallery.com

---------- Post added at 10:27 PM ---------- Previous post was at 10:08 PM ----------

Posted in available domain names : 817517-hotcarsgallery-com-hotcarsshop-com

 

[Name Trader]

I'd forget it. If your intent is to sell it to a dealer, you will be profiting from their trademark. That could land you in a $100,000 punitive court case. I'd say forget any ideas you may have had.

 

[GRIDZY]

Okay the easy answer is to say that it's best to steer away from selling it completely because no matter what you'd be benefiting from their TM.

I'll just add the fact that these types of names also get sold all of the time an many never have issues.

Go and look at the different auctions, TM domains everywhere. Do naive buyers purchase these domains? Yeah for the most part, but it's up to you.