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Domain Name Question

by CNBCALLDAY
15 replies
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I am not a marketer or developer, but back in January I happened to check on a domain name that I thought would get hot and oddly ended up owning the domain. A few days ago I put up a blank page so I could see if any traffic was going to the domain and was shocked at the level of traffic. I quickly deleted the page and let it default back to the normal page.

Here's my question: I have no idea about internet law and am concerned that if I use the domain or sell it I will be in violation of some law. How should I proceed? I would like to get rid of the domain, but I'm not even sure about that. I feel like I have a tiger by the tail and am not sure where to go or what to do.

Thanks for any input.:confused:
  • Profile picture of the author Weedy92
    It's legal... Unless it's trademarked, ie or you have some companies brand in your domain name. If it's not you can sell it, nothing wrong with that.
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  • Profile picture of the author seasoned
    Typos are ALSO illegal! A website like gogle, for example. It gets too close to google, and causes one to ask WHY you would want to get a domain you can't use for ANYTHING ****BUT STEALING TRAFFIC****!

    Steve
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by CNBCALLDAY View Post

    I feel like I have a tiger by the tail
    Curious ... I've bought probably 500 domain-names over the last 3 years, and I've never felt like that, at all.

    Originally Posted by CNBCALLDAY View Post

    I happened to check on a domain name that I thought would get hot and oddly ended up owning the domain.
    It's unusual for people "oddly to end up owning a domain".

    That's something that normally happens only because people make a decision to buy one.

    When people word it with purportedly passive/neutral-sounding expressions like "Oddly, I ended up owning it", that's sometimes because in their own mind they're trying not to have too much responsibility for that. One of the possible reasons for that is that it's a domain-name which either contains or can easily be mistaken for someone else's trademark, or otherwise infringes their civil-law rights, and that's the only reason why there's traffic for it. If that's the case here, then you have a potential problem.

    If it isn't the case, then just call me a skepchick and please accept my apology. And either way, welcome to the forum.
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    • Profile picture of the author seasoned
      Originally Posted by Alexa Smith View Post

      One of the possible reasons for that is that it's a domain-name which either contains or can easily be mistaken for someone else's trademark, or otherwise infringes their civil-law rights, and that's the only reason why there's traffic for it. If that's the case here, then you have a potential problem.
      That was MY first thought also. And the high amount of traffic, and quick parking page change, and this threads existence, tends to confirm it.
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    • Profile picture of the author CNBCALLDAY
      Originally Posted by Alexa Smith View Post

      Curious ... I've bought probably 500 domain-names over the last 3 years, and I've never felt like that, at all.

      It's unusual for people "oddly to end up owning a domain".

      That's something that normally happens only because people make a decision to buy one.

      When people word it with purportedly passive/neutral-sounding expressions like "Oddly, I ended up owning it", that's sometimes because in their own mind they're trying not to have too much responsibility for that. One of the possible reasons for that is that it's a domain-name which either contains or can easily be mistaken for someone else's trademark, or otherwise infringes their civil-law rights, and that's the only reason why there's traffic for it. If that's the case here, then you have a potential problem.

      If it isn't the case, then just call me a skepchick and please accept my apology. And either way, welcome to the forum.
      You saw way too much in my question. The word "oddly" simply meant that I looked up the domain name and it was available and I bought it. Maybe I saw something before anyone else noticed or I got lucky. I was surprised because it is not my business.

      The domain name is actually a very popular phrase for a current hit tv show so I am waiting on someone to contact me since it is open in whois...

      Thank you.
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      • Profile picture of the author seasoned
        Originally Posted by CNBCALLDAY View Post

        The domain name is actually a very popular phrase for a current hit tv show so I am waiting on someone to contact me since it is open in whois...
        UH OH!!!!! That is one of the areas where you have to watch it! If it is an unusual phrase that is commonly associated with the show, they may have even TRADEMARKED IT! Such trademarks aren't often referred to, but are rather common!

        Steve
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        • Profile picture of the author CNBCALLDAY
          Originally Posted by seasoned View Post

          UH OH!!!!! That is one of the areas where you have to watch it! If it is an unusual phrase that is commonly associated with the show, they may have even TRADEMARKED IT! Such trademarks aren't often referred to, but are rather common!

          Steve
          And that is exactly why I stated I have a tiger by the tail. I bought the domain before it could have been copyrighted and I'm not sure it has yet been CR'd, but they are nutty if they don't. I put up a blank page just to track hits and it was much more than I anticipated and quickly took the blank page down. I don't think I am in violation of any laws, but if not careful I could be. That's why I am sitting on the sideline and waiting on someone to find me because someone is missing a huge marketing opportunity.
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          • Profile picture of the author SlfMastery
            Originally Posted by CNBCALLDAY View Post

            And that is exactly why I stated I have a tiger by the tail. I bought the domain before it could have been copyrighted and I'm not sure it has yet been CR'd, but they are nutty if they don't. I put up a blank page just to track hits and it was much more than I anticipated and quickly took the blank page down. I don't think I am in violation of any laws, but if not careful I could be. That's why I am sitting on the sideline and waiting on someone to find me because someone is missing a huge marketing opportunity.
            "CNBCALLDAY"

            Please do post if you a conclusion.

            In the meantime, according to an article I read, as far as what can and cannot be trademarked in a domain name format depends on how descriptive the name is. Computer.com or Hotels.com describe the product very well. eBay.com or Google.com does not. The later can be trademarked. Does your domain describe the product? Read this article:
            Is My Domain Name a Trademark? Maria Speth
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  • Profile picture of the author SlfMastery
    Originally Posted by CNBCALLDAY View Post

    I am not a marketer or developer, but back in January I happened to check on a domain name that I thought would get hot and oddly ended up owning the domain. A few days ago I put up a blank page so I could see if any traffic was going to the domain and was shocked at the level of traffic. I quickly deleted the page and let it default back to the normal page.

    Here's my question: I have no idea about internet law and am concerned that if I use the domain or sell it I will be in violation of some law. How should I proceed? I would like to get rid of the domain, but I'm not even sure about that. I feel like I have a tiger by the tail and am not sure where to go or what to do.

    Thanks for any input.:confused:
    Is it a trademark name?
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  • Profile picture of the author Matthew D
    Obviously law can't sue you for that. However, you have to be very careful next time you take that action. Many cases like yours happened to people and they usually end up wasting there money.
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  • Profile picture of the author Mike Putt
    There was actually a similar debate on our national radio about a week ago, some guy had the domain name "emergency.ie" and a local council wrote him a letter saying he had to surrender it to them, I think the outcome was that he was going to tell them where to go
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  • Profile picture of the author Dennis Gaskill
    I'd be tempted to run a preliminary trademark search on the phrase, and if that comes up empty, consult an attorney about trademarking it myself. Then sell them the domain at a nice profit or find a way to profit from the traffic.

    Just a thought, but it's not legal advice. I can barely spell "law," let alone understand it.
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  • Profile picture of the author daniel27lt
    Give as a little bit more information about how you achieve this and not knowing how? For example, what is the url, the name of the site (if any), the niche, the keywords you are using and if you have posted any links anywhere across the internet? Thanks cnbcallday
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  • Profile picture of the author daniel27lt
    Other popular domain names are of adult nature, for example pornography sites and sexual matured named domain's. These seem to get tons of traffic without even doing much marketing, Especially if it's a popular sexually word name within the url. And another thing you mentioned that you had not much knowledge in marketing and development, this would make it hard to determine exactly good quality traffic. I hope this has helped.
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  • Profile picture of the author danilion55
    Simple advice if you don't want to keep that domain sell it on flippa and make quick cash ;D
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