Question about buying a probably trademarked domain name to flip

9 replies
I think I know the answer, but wanted to check to see if anyone knew for sure. I have recently purchased a .com domain that is the name of a college sports team for $10. it includes the college name - let's just say it's something like texastechfootball.com (that's not it). Did I just waste my money? can I sell it? Or will I be sued for trademark infringement? I'm looking for people that have experience flipping domains.. and someone with trademark experience would be even better!
#buying #domain #flip #question #trademarked
  • Profile picture of the author Kay King
    So - the question is not about "buying" but about "having bought".

    Did you check for a trademark? If not, why not - takes only a couple minutes to do it and you could save $10.

    I'd check it - if it is a trademark I'd kick myself and call the $10 a loss.
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    • Profile picture of the author Brian Abrams
      Yes, and I am kicking myself. I got a little excited. I'm just assuming that the name of a college must be trademarked... i'm not even sure where to check.
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  • Profile picture of the author Steve B
    Brian,

    Any time a famous person's name (celebrity, sports star, politician, etc) or the name of a specific product or company appears in a domain name, IMO, you should avoid registering the name. Even if it isn't already trademarked (or tradenamed) it still can be registered even after you register the name first.

    In the U.S., the FTC (Federal Trade Commission) protects consumers (at least in theory) from being "confused" about a brand or company name. You should not plan to profit from the use of someone else's name.

    You may never be challenged or sued. Some who have come here asking this same question about a product name have asked for and received permission from the product owner to use a name (for instance, in an affiliate site). If you get the proper written permission you may be OK.

    But I think the safest approach is just to avoid names that refer to specific people (unless it's your name - and even then you could have some issues if someone else has registered your name already) and products or businesses.

    The very best to you,

    Steve
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  • Profile picture of the author dave_hermansen
    Or, you can see if there is another sucker out there who will buy it from you for $15.00.
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  • Profile picture of the author clairelynn23
    Yes, I think just give that one up. Certainly not going to be able to make any substantial profit without running a big risk. So, I'd say it's not worth it IMO.
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  • Profile picture of the author Kay King
    This is the link I use to search:

    Trademark Electronic Search System (TESS)

    Usually the top listing there (basic search) gets me where I want to go.
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  • Profile picture of the author bertosio
    I have lost an established site before from using a trademarked name in the domain and while the company commended my site they said it had to go.
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  • Profile picture of the author Brian Abrams
    I knew I jumped the gun.. All good. Namecheap actually gave me a refund. Woop!
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  • Profile picture of the author unifiedac
    Check out this info on domain name disputes:

    http://www.bitlaw.com/internet/domain.html#disputes

    You may be just fine, as long as you're not using the trademarked name. For example:

    OK:
    cowboysfootball.com

    Not OK:
    dallascowboys.com
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