Ever find one of those domains you couldn't pass up...

16 years ago

HI,

I know exactly how you feel. I've bought hundreds of dollars of "flash of lightening" names over the years.

Some of them are expiring as I type this. LOL

I don't mean to rain on your Great name and it really is a good one, however, I'd be expecting a letter from eBay's legal dept if I were you.

I hope I'm wrong,

George Wright

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getsmartt

16 years ago

Originally Posted by George Wright

I don't mean to rain on your Great name and it really is a good one, however, I'd be expecting a letter from eBay's legal dept if I were you.

Hmm... hadn't really thought about that. You would think though since it was an expiring domain the previous owner would have had legal issues. Of course knowing my luck eBay never noticed him/her.

Have to wait and see I guess.

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Was mich nicht umbringt, macht mich stÃ¤rker

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Dixiebelle

16 years ago

Originally Posted by getsmartt

Hmm... hadn't really thought about that. You would think though since it was an expiring domain the previous owner would have had legal issues. Of course knowing my luck eBay never noticed him/her.

Have to wait and see I guess.

That could have been the reason it was expiring. The previous owner probably did get the "dreaded" letter.

Dixie

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Gene Pimentel

16 years ago

Unfortunately for you, Ebay is VERY aggressive in protecting their Trademark. They routinely monitor new domain registrations and send Cease & Desist notices. It's just a matter of "when", not "if". Please do yourself a favor and do NOT use this domain. Unload it as quickly as possible. Sorry for the bad news

Originally Posted by getsmartt

But you really don't know what to do with it?

I mean I always buy them, end up parking them. Just bought ebaylist.com I really need to stay away from the domain auctions LOL

Any one have any bright ideas as to what to do with this "great" domain?

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JayXtreme 16 years ago

Yup....eBay's gonna slap you on that...

Congrats on the abundance in the thought process...

But shame on you for the lack of thought process... make sense?...

Peace

Jay
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Bare Murkage.........
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- Killer Joe 16 years ago
  
  Yep, own of bunch of 'em.
  
  Bought a 'Realtor' one once. Got into a minor hassle...
  
  Now I stay away from anything that has a Trademark in it. Sometimes that is hard to tell as witnessed by another poster this week.
  
  I agree that ebay one is a non-starter.
  
  KJ
  
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getsmartt

16 years ago

Originally Posted by Gene Pimentel

Unfortunately for you, Ebay is VERY aggressive in protecting their Trademark. They routinely monitor new domain registrations and send Cease & Desist notices. It's just a matter of "when", not "if". Please do yourself a favor and do NOT use this domain. Unload it as quickly as possible. Sorry for the bad news

Gene, upon doing some further research I found a post from you from 2006 on this exact same domain name on the NamePros forum (I really should do my research first). You basically advised that owning the domain name was "OK" but using it was likely to cause trouble.

My comments in an earlier post about flipping the domain caused some concern from a fellow Warrior, yet you advise "unloading it".

Should I,
1. sit on the domain for a year and let it expire.
2. park the domain maybe earning my registration fee back.
3. try to flip the domain.

Any way you look at it I have $15 to lose (i think)

Also, of a curious note Moniker's website says that the responsibility of ensuring that the domain is not trademarked, is the responsibility of the seller (hence that would be me if I sold it), but since I bought it from GoDaddy (as an expiring domain name) was it their responsibility?

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Gene Pimentel

16 years ago

Hi getsmartt,

Originally Posted by getsmartt

Gene, upon doing some further research I found a post from you from 2006 on this exact same domain name on the NamePros forum (I really should do my research first). You basically advised that owning the domain name was "OK" but using it was likely to cause trouble.

Actually, here are my exact words from 2006:

"could" be sued, but it's more likely you'll receive a basic C&D order, as Ebay aggressively protects their trademark. Generally, you only have to worry if you're actively using the domain. Just owning it isn't usually a problem.

Whether or not they would be in the "right" to claim trademark infringement, It boils down to whether or not you're willing to defend yourself in court if it comes to that. Would you be willing to pay a $200 per hour lawyer to defend keeping a $8 registration?

If you try to sell it or actively use it (even if it's for positive purposes), Ebay "could" sue you for profiting from their TradeMark. They typically send out C&D orders that request you do not use or sell the name, and let it expire.

If you really want to use it, you should contact Ebay and ask their permission. Chances are they'll deny, but it's worth asking.

My comments in an earlier post about flipping the domain caused some concern from a fellow Warrior, yet you advise "unloading it".

Yes, unload it quick. Don't sell it to anyone, don't build a site with it, just unload it. Contact your registrar and ask them to delete it from your account.

That being said, there ARE some experienced domainers who know their way around the legalities and would not mind trying to do something with the domain. Or they may have connections with Ebay that allow them to use a domain like this.

Also, of a curious note Moniker's website says that the responsibility of ensuring that the domain is not trademarked, is the responsibility of the seller (hence that would be me if I sold it), but since I bought it from GoDaddy (as an expiring domain name) was it their responsibility?

I'm not a lawyer and I can't offer any legal advice (had to put that in). I don't know where the buck stops, but that only matters if you get sued and you want to try to hold the registrar liable.

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davezan 16 years ago

Originally Posted by getsmartt

but since I bought it from GoDaddy (as an expiring domain name) was it their responsibility?

No, and the reason why is in your registration agreement.

While one can argue one didn't know, unfortunately ignorance has never really
been known to excuse anyone. Consider it a $15 lesson, which I'm sure you'll
be able to recoup without having to dump that liability on someone else.
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David
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Steven Carl Kelly

16 years ago

I bought one that I really liked. Still like, in fact, and never did anything with:

ServiceStinks.com

I think maybe I'll just sell it.

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getsmartt

16 years ago

OK...so maybe not one of the best decisions I could have made.

So, what do I do now, I have a whopping 15 dollars invested in the domain, so I won't loose much any way I look at it.

The domain will not be released to me until the 10/09/08. So, I have basically a week to figure out what to put up on that site so I can flip it for a profit (hopefully a handsome profit). Any ideas out there from the domain flippers?

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JayXtreme

16 years ago

Originally Posted by getsmartt

OK...so maybe not one of the best decisions I could have made.

So, what do I do now, I have a whopping 15 dollars invested in the domain, so I won't loose much any way I look at it.

The domain will not be released to me until the 10/09/08. So, I have basically a week to figure out what to put up on that site so I can flip it for a profit (hopefully a handsome profit). Any ideas out there from the domain flippers?

LOL... put BANS on there... or phpBay and have your very own eBay store... that'd be so killer... two fingers to em...

/JOKE

I dunno... personally I'd probably save myself the headache and get rid of it

Peace

Jay

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ladyjane 16 years ago

I've been buying domains for the express purpose of selling (and just sold my first two today, only three weeks after starting!), and try to do my research before buying anything. Even so, there are some domains I've bought that seemed great at the time, and by the next day I was wondering what I was thinking!

I learned about not registering trademarked names early on in my research, and make sure I check for trademarks before I register anything. I don't want to get any lawyer's letters!

Domaining can be addictive, so I've been discovering!
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Monetize

16 years ago

Originally Posted by getsmartt

OK...so maybe not one of the best decisions I could have made.

So, what do I do now, I have a whopping 15 dollars invested in the domain, so I won't loose much any way I look at it.

The domain will not be released to me until the 10/09/08. So, I have basically a week to figure out what to put up on that site so I can flip it for a profit (hopefully a handsome profit). Any ideas out there from the domain flippers?

You've been warned by the warriors that this domain is copyright
infringing but you intend to unload it on someone else

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Sjcorp

16 years ago

Well you could join a business thats "relevant" with your domains =)

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Sherwin J

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=====> www.big-success.com/avideos <======

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KimW

16 years ago

I had noticed a warrior was having a plr wso on a proxies server ebook.
I was looking at some expiring domain lists and saw surfprivate.info for 5 bucks.
So I ran back to the wso page, found the ebook and bought it.
On the very first page the writers says"Do not use domain names with surf or private or *and she named a few more keywords) in the title.
That was a quick wasted $25

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Chris Wilkinson

16 years ago

I bought an expiring domain name in a flash of inspiration once. Then I was informed that if I ever used it I'd probably get into trouble.

So, if you want a great domain name for the London 2012 Olympics I've got olympicboxoffice.com rearing to go. You'd just need a good lawyer ;-)

It expires next year and I think I'll just let it go.

D&*m those inspired ideas, although sometimes they do pay off.

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Jeff Henshaw

16 years ago

I bought an expiring domain name in a flash of inspiration once. Then I was informed that if I ever used it I'd probably get into trouble.

So, if you want a great domain name for the London 2012 Olympics I've got olympicboxoffice.com rearing to go. You'd just need a good lawyer ;-)

I was informed that if I ever used it I'd probably get into trouble

Out of interest, who informed (advised) you not to use it?

Regards,
Jeff.

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