Domain name legal question

by 14 replies
16
Hey guys,

I'm not sure if this would be the right section but I'll give a try.

I own a great twitter .net domain and I just found out twitter.com has the .com name in it. The .com was owned by a blogger.

Maybe I'll use it for a blog but I'm also considering selling the domain but since it has "twitter" in it this could cause some 'difficulty'.

What is your point of view on this?

I look forward hearing from you.

Cheers

Vincent
#main internet marketing discussion forum #domain #legal #question
  • TWITTER is trademarked so anything with the name twitter in it is infringing on their copyright. Obviously, this hasnt stopped people from creating businesses/websites around Twitter with domains such as "TwitterWidgets.com" etc.

    You will only run into trouble when you get a letter from twitter's legal department. You can give it a shot, but as long as you are aware that Twitter can make you stop trading with that domain name at any given time if they want to.

    Nick
    • [ 1 ] Thanks
  • Yeah, that's what I was thinking too. I requested a premium apraisel with Sedo to see what they have to tell me. They have some other 'high priced' twitter domains for sale but then again, none with twitter owning the .com domain. I'll just wait to see what Sedo comes up with.

    Thanks Nick
    • [1] reply
    • [DELETED]
    • Vincent,
      I strongly suggest you don't go by what sedo says. Yes they're a big company but they're there to sell domain appraisals and shift domains not provide legal advice on domain names. The simple thing with domain names is if you buy a trademarked domain and use the trademark to profit then you're very likely to at least lose the domain. Of course people forgot that trademark holders can bring a lawsuit against the trademark infringer. Most don't but this is why it's important you get proper independant qualified legal advice.

      Rich
  • @Mark, wauw, interesting video...

    @Richard, "use the trademark to profit" hmmm

    You guys got me thinking! Thanks, appreciate your response!
    • [1] reply
    • I just received this mail from Sedo, I think we all saw it coming LOL

      I going to build a site on it, I'll make some nice money this way.

      And btw, I called Sedo right after and they are refunding the premium appraisal too - kudos to Sedo

  • For what it's worth, I know another webmaster who owned a domain containing containing a trademark which his settlement prohibits naming and it ended up costing him $180,000 US PLUS he had to surrender the domain name!

    Moral: Don't get cute with a gorilla if you're just a monkey!
    • [1] reply
  • I owned a domain with "PayPal" in it and was sent a friendly yet threatening letter to remove it immediately. I wouldn't take the chance with these types of domains; it's not worth it.
  • I owned a domain with eBay in it, something like eBayPowerSecrets.com and they sent me a threatening letter. In my research, it seems the important factor is the possibility of confusion with the original trademark. After all, there are educational products (books and tapes) with the word eBay in them. And "Joe's Window Cleaning" will not get sued by Microsoft.

    But the more other companies are allowed to use the trademark, the weaker it becomes. Which is why you will see big companies aggressively trying to protect their trademarked names. It may be that they are just trying to intimidate you, but then again, they have more lawyers than you, so it's best to avoid those fights.

    On the other hand, there are companies that are looking to establish their brand as a de facto standard in the marketplace. They are permissive about letting others use their name because it enlarges their market. That's why for example, there is TwitterFeed.com and many other names with Twitter in it. At the moment it appears Twitter is allowing it. So you might consider using your name until you get a cease and desist letter... or consider selling it to Twitter
  • I assume you purchased the name after Twitter was in existence, and after they trademarked the name, is that correct?

    Are you desiring to use the name for a website which is going to be related to Twitter?

    The word "twitter" cannot be defended easily by Twitter the company, if you are not using it in a manner which relates it to their service, or a competing service.

    Example: TwitterBirds - If the site would be about the sounds birds make.

    Now, the reality. TwitterBirds is a Ning Site, which is promoting a singles group using Twitter. They could get stomped by Twitter.

    One method can be seen as infringing on Twitter the Company, the other site would be using the word twitter as defined, and would be very difficult for Twitter to claim infringement.

    What would I do in your shoes? I'd contact Twitter, and offer to transfer the domain to them for the cost of the domain, or just let it expire.
  • I've recently spotted signs up and around Bradford (UK) advertising a site with 'Google' in the domain. Visiting the site it says it's launching in a few days time. It would be interesting to see how long it lasts...
  • Banned
    I wouldn't buy it ... it's Twitter's Trademark ... they own it and can and probably will send a cease and desist to whoever owns it sooner or later.
  • I think that I'm going to create an autoblog on it and try to flip it in a month or two.

    I've learned my lesson
    • [1] reply
    • Fwiw, I would be careful doing that if I were you. This isn't legal advice, but you will still be in the chain of title for that domain name and if the person you sell it to ends up with legal problems some of those problems will be traced back to you.

      You just might end up learning a bigger lesson than you bargained for if things go downhill as they're apt to do.

      ~Bill
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