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Important Domain Name Question

by liovvoil
13 replies
I will take an example, if you own the domain:
xbox360review.com or vitareview.com
Will you:
  1. Build a site then sell it
  2. Build a site and keep it
  3. Sell the domain (How much?)
  4. Get rid of it
#domain #question
  • Profile picture of the author Galasso22
    Hard question to answer. Depends on what you want to do.

    For me, I usually buy domains that I want to build a site on and use. I have never had a knack for finding good names early.
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  • Profile picture of the author Always-A-Warrior
    The same reason you bought it in the first place.
    Signature
    FOR SALE: WebDesignInNewYork.com
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    • Profile picture of the author Chris Grable
      Get rid of it!
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by Chris Grable View Post

        Get rid of it! ...
        ... is the correct answer.

        "Xbox" is trademarked.

        Among the things that can and regularly do happen, when the trademark owner discovers your domain/site, are:-
        • They can tell you take it down
        • They can take the domain from you
        • They can take from you any money you've ever made through the site
        • They can sue you for additional damages for flagrantly breaching their legal rights
        Don't imagine that because "you're helping them to make sales" (as is often the case) they'll decide to be lenient. That isn't how it works. The point is that owning a trademark effectively confers obligations as well as rights on the holder: when it comes to trademark renewal time, if it can be shown that they've knowingly failed to protect their rights with regard to the trademark, that can be held against them. Some companies, for this reason, have the policy of pursuing all breaches of the trademark routinely and without reference to the motives/purposes/circumstances of the defendant.

        There are some permitted uses of other people's trademarks in domain-names, it's true. They tend to be tested in court, partly according to precedent law, by people with very deep pockets. They also tend to exclude "making money from the site".

        My own not-legally-qualified, five-word opinion is "Don't even think about it".
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      • Profile picture of the author liovvoil
        Originally Posted by Chris Grable View Post

        Get rid of it!
        How about selling such domain name?
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        • Profile picture of the author davezan
          Originally Posted by liovvoil View Post

          How about selling such domain name?
          Some trademark holders won't allow others to make money off of their trademark
          in any way without their permission, including what you're asking. And there is a
          process to handle that even if you and the trademark holder are not in the same
          jurisdiction.

          Up to you, though.
          Signature

          David

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  • Profile picture of the author Dragontech
    1. Build a site then sell it (if you build sites fast)
    2. Build a site and keep it (if it earns you good money)
    3. Sell the domain (if the pr is above 2)
    4. Get rid of it (if it's deindexed)
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  • Profile picture of the author davezan
    Originally Posted by liovvoil View Post

    I will take an example, if you own the domain:
    xbox360review.com or vitareview.com
    Will you:
    1. Build a site then sell it
    2. Build a site and keep it
    3. Sell the domain (How much?)
    4. Get rid of it
    You forgot 5. Fuggedaboutit. Not unless you somehow secure consent
    from the trademark holder.

    Others doing it doesn't guarantee you can do it without problems, more
    so if you're dealing with a rather aggressive trademark holder.
    Signature

    David

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  • Profile picture of the author liovvoil
    Do you think contacting the holder of trademark and taking their permission a good or bad idea? Will they take legal action even if you own the domain (never built a site yet) and asking for their permission to build a site?
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  • Profile picture of the author sbucciarel
    Banned
    Get rid of any domains that violate someone's trademark.
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  • Profile picture of the author tycoonms
    i would do either of the 1st two, i think those would be very valuable branding wise when building a site
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by tycoonms View Post

      i would do either of the 1st two, i think those would be very valuable branding wise when building a site
      Well, look on the bright side, anyway: maybe one day you'll come to appreciate that reading the thread, before replying to it, can sometimes save you from saying things as potentially embarrassing as that in public.

      Originally Posted by liovvoil View Post

      Will they take legal action even if you own the domain (never built a site yet) and asking for their permission to build a site?
      It's entirely up to them what they do, Liovvoil - nobody can possibly predict this for you!
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      • Profile picture of the author Sandor Verebi
        Hi liovvoil,

        Get rid of it. Why?

        Please, think about it for a moment. Such corporations has an alert system to realize trademark violation. It isn't a wise thing to invest time, money and effort into something that you can lose at any moment. Not to mention the possible lawsuit.

        Say, you sell it. Do you think, it would be good for your wallet and your reputation, if the trademark holder will sue both of you, the buyer and the seller? I don't think so, to say the least.

        My take on it is this. You decide.

        All the best,

        Sandor
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