NameSilo

Would you register a valuable yet clearly trademarked name?

SpaceshipSpaceship
Watch

Would you register a valuable yet clearly trademarked domain?

  • This poll is still running and the standings may change.
  • Yes

    votes
    46.7%
  • No

    votes
    53.3%
  • This poll is still running and the standings may change.

DaveX

@GoDaveXTop Member
Impact
52,011
Just wanted to get some opinions. I came across a very attractive .com domain name that is available to hand register. The problem is that I checked to see if it is trademarked....and it is. Been trademarked for many years.

What would you do? Register it and take a chance? Leave it untouched? Give me some feedback please.
 
3
•••
The views expressed on this page by users and staff are their own, not those of NamePros.
AfternicAfternic
Well, depends on what you plan to do with it.
If you were to develop it into a website / service offering other goods or services than the goods or services the trademark holder trademarked his mark for, I'd say go ahead. That would in my opinion be just about the only viable way to monetize you domainname.

Not sure how familiar you are with UDRP, but I thought it would be OK here to shed some light on the subject for others not so familiar with it.

Under paragraph 4(a) of the UDRP Policy, the registration of a domain name is considered abusive if meets all the following criteria:

(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and

(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and

(iii) the domain name has been registered and is being used in bad faith

Boxes (i) and (iii) are quite easily ticked when you register a domainname of a standing trademark (the better known the mark, the higher the level of protection attributed).

Leaves you with box (ii). In my opinion only the option from my first paragraph fits the bill here. Some might contend parking a page with links to monetize your name would also grant you rights or a legitimate interest here. But that is defenitely not clear cut.
Moreover from a trademark law perspective ( so not UDRP, but TM litigation) this would defenitely not be considered legitimate.
 
Last edited:
7
•••
Where is it trademarked? What country?... Also if it's a generic name I wouldn't worry there are multiple businesses with the same names all over the place.
 
Last edited:
3
•••
Trademarked but within a specific industry ? Well-known ? It depends. Could you use it ? I mean, if you plan is to sell it to the TM holder and there are no other possible end users, it's not good.
 
3
•••
It is a specific industry. It is like a brandable...not generic. It is a well known name.

Probably not regged for a reason. Or maybe it's a trap!
 
2
•••
like e.g. coca cola?

Worldwide brand awareness
Only 1 customer

That would call for trouble, I'd think.
Oh and to answer your question: I don't like troubles :)


Maybe you could find out the history of that domain (was registered, forced delete.. etc)
 
Last edited:
2
•••
Thanks for the advice!
 
0
•••
I checked and it has been deleted a few times. I'm not going to register it so I can tell you what it is.

Anyone care to guess?
 
4
•••
Never. You are playing with fire.

Don't do it.
 
1
•••
I checked and it has been deleted a few times. I'm not going to register it so I can tell you what it is.

Anyone care to guess?

Sure, let me know!
 
1
•••
You shouldn't be worried - you have a team of NameAttorneys/com after all! : wink :

And yes might as well tell, although you might enable some newb lurker who ends up regging it then! Maybe PM me and @TDM and other requesters
 
1
•••
PM me im curious
 
1
•••
The domain I was referring to is
PERMALENS.COM
 
3
•••
Keep licking your ice cream and move on or you will not have ice cream to lick.
 
4
•••
It's amazing how we find these domains!
 
1
•••
Oh ok i see! (had to google that term as i did not heard about)
 
2
•••
The domain I was referring to is
PERMALENS.COM

I would never have guessed that one...lol

Kinda weird that they don't own the domain already....
 
Last edited:
2
•••
its a product name for a company, not all product lines need their own web site. Anyways, i looks like the product was discontinued anyways.

Permalens - DISCONTINUED Contact Lenses

Therefore;

The old company doesn't need the name anymore
No other lens company would want an old trademark name
Name is tied to a specific niche
Still has a trade mark

I would pass
 
Last edited:
2
•••
Now let's see how long it takes for some newb to grab it and post it in appraisals : grin :
 
3
•••
1
•••
Dynadot โ€” .com TransferDynadot โ€” .com Transfer
Appraise.net
Spaceship
Domain Recover
CatchDoms
DomainEasy โ€” Zero Commission
  • The sidebar remains visible by scrolling at a speed relative to the pageโ€™s height.
Back