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domain name question

by networkmom
12 replies
I received a phone call today from a company that says I have a domain name that belongs to them and that I should transfer it to them. The company sells franchises and the reason I bought the domain name was I was thinking of looking into the franchise. The name I purchased has the name of the company in it but also has another word in the domain. what is the law on this? Is this legal for me to have purchased this domain and is there anything they can do to me?

Thanks
Denise
#domain #question
  • Profile picture of the author Valdor Kiebach
    If you registered the domain then it belongs to you.
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  • Profile picture of the author Gene Pimentel
    Originally Posted by networkmom View Post

    I received a phone call today from a company that says I have a domain name that belongs to them and that I should transfer it to them. The company sells franchises and the reason I bought the domain name was I was thinking of looking into the franchise. The name I purchased has the name of the company in it but also has another word in the domain. what is the law on this? Is this legal for me to have purchased this domain and is there anything they can do to me?

    Thanks
    Denise
    Denise, if the domain contains their Trademarked term, and it is being used in the same industry, they have the right to it. There are exceptions, but in most cases the Trademark owner can legally demand that you Cease and Desist using the domain. Having extra words in the domain doesn't change that.

    Please read Section #2 on this page to get a better understanding:
    http://www.avivadirectory.com/domain-law

    and:
    http://en.wikipedia.org/wiki/Anticyb...Protection_Act
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    • Profile picture of the author networkmom
      Gene, I am not using the domain, I just purchased it. so does this make a difference?
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      • Profile picture of the author Gene Pimentel
        Originally Posted by networkmom View Post

        Gene, I am not using the domain, I just purchased it. so does this make a difference?
        It -could- make a difference in court, but it won't make any difference in whether or not the TM owner takes legal action against you. Is the domain name worth the legal expense you'll be faced with in defending yourself? That's a call you have to make.
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  • Profile picture of the author wealthwarrior
    In my early days of IM, I bought an expired domain to
    build an adsense site on air travel:

    w w w . a o l f l i g h t . c o m

    Luckily I didn't do much with it, because later that year
    I got a letter from AOL's attorney telling me the same
    thing. It didn't hurt my earnings too much losing this site.

    I surrendered it and moved on. You should do the same.

    The lesson cost me $7.95 (registration fee):

    Stay away from "brand names".

    We were talking about that same thing here:

    http://www.warriorforum.com/main-int...main-name.html

    Good luck!
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    • Profile picture of the author lumcc
      If your domain contains their trademark or copyright name etc, it's better just to return the name to them - to avoid the legal problems in the future.

      Just forget about this domain and find another name, or simply move on to another niche.
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  • Profile picture of the author wealthwarrior
    <computer hiccup - sorry>
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  • Profile picture of the author bobmcalister
    think I might give them the chance to buy it for a good price ....smile a lot and see what happens ?
    who knows unless you ask
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    • Profile picture of the author Gene Pimentel
      Originally Posted by bobmcalister View Post

      think I might give them the chance to buy it for a good price ....smile a lot and see what happens ?
      who knows unless you ask
      Bob, I know you mean well, but this is VERY bad advice because it legally proves the case that you are trying to profit from their Trademark.
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  • Profile picture of the author Barbara Wilson
    Denise - An IM forum isn't the best place to get legal advice. However, you've gotten some pretty good advice from Gene Pimentel and WealthWarrior and lumcc. You could wait for the Cease and Desist letter if you want to or before consulting an attorney if the domain is worth it to you. If it contains their Trademarked term though they probably have a right to the domain name.
    Signature

    Barbara Wilson
    http://www.ecoverdesigns.com

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  • Profile picture of the author DavidTheMavin
    I used the gov's search before. Works pretty good:

    Trademark Electronic Search System (TESS)
    Signature
    Luxury Brand Marketing Firm

    Luxury Brand Marketing Blog
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  • Profile picture of the author bobmcalister
    gene..I was just teasing ...guess I shouldnt have ..
    thanks
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