Domaining Question

Banned 14 years ago

I wouldn't buy it from you. It's trademark infringement if the company has trademarked their name, and they probably have if, as you say, it's a well known company. You can receive a cease and desist letter at any time for this domain from that company's lawyers.

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james911

14 years ago

maybe, no problem
can you show me you domain here

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mabidanam

Banned 14 years ago

[DELETED]

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sbucciarel Banned 14 years ago

Originally Posted by mabidanam

Can we thankful to you

stop spamming the forum with your irrelevant one liners idiot. Reported already.
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moneymarker

14 years ago

first off, you'll need to know when the domain was first registered. If it was built before the company having the same name, they probably have a weaker ground to go after you.
More so if you build a site on it that has an unrelated niche to the company.

e.g katyperry.com ( singer)
there is another katyperry in Oz but is in the business of making clothes.

Another option is to contact the company and tell them your domain is getting traffic ( if indeed, it is) that could be redirected to their website....either for a price to rent or sell to them. You could end up with quite handsome profit in the best case scenario.....or lose the domain in the worse case.

Eitherways, this learning experience of doing your own due diligence before buying a domain will make you a better domainer in the future, a price probably worth a lot more than what you've paid for your domain.

All the best

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sbucciarel

Banned 14 years ago

Originally Posted by moneymarker

Another option is to contact the company and tell them your domain is getting traffic ( if indeed, it is) that could be redirected to their website....either for a price to rent or sell to them. You could end up with quite handsome profit in the best case scenario.....or lose the domain in the worse case.

You could also end up with quite a handsome lawsuit if they want to sue you. They could also file a UDRP and win based on the fact that you tried to sell it to them. Doing that "proves" a bad faith registration, meaning that you intended to profit from their name.

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moneymarker

14 years ago

Originally Posted by sbucciarel

You could also end up with quite a handsome lawsuit if they want to sue you. They could also file a UDRP and win based on the fact that you tried to sell it to them. Doing that "proves" a bad faith registration, meaning that you intended to profit from their name.

That's true. That is why you need to know when the site/domain was first registered. Going back to the KaryPerry case....the worse that could have happened was that katyPerry (from OZ) change her business name. There is another case called the ughboots...US company suing OZ but the latter won...because they were the first ones to register the name...and its generic/dictionary word ( why on earth would they trademark a generic name in the first place?)

If you asked, based on my research ( includes legal) , the worst case is that these companies will ask you to ''surrender" the domain to them. In this case, your lost if whatever you've paid for the domain. Your gain? ..experience

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sbucciarel

Banned 14 years ago

Originally Posted by moneymarker

If you asked, based on my research ( includes legal) , the worst case is that these companies will ask you to ''surrender" the domain to them. In this case, your lost if whatever you've paid for the domain. Your gain? ..experience

This is what usually happens, fortunately ... is that they send a cease and desist notice and you stop using the name. The OP probably knows already whether or not the big company was already using the name and trademarked it before he registered it. In the offchance that he didn't know and the sites are not even remotely similar ... meaning that the OP's site is about something completely different from the big company's site, it's possible that he could use it legitimately. But only a real lawyer can give you the best advice on this and the site may not be worth defending.

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moneymarker

14 years ago

Originally Posted by sbucciarel

This is what usually happens, fortunately ... is that they send a cease and desist notice and you stop using the name. The OP probably knows already whether or not the big company was already using the name and trademarked it before he registered it. In the offchance that he didn't know and the sites are not even remotely similar ... meaning that the OP's site is about something completely different from the big company's site, it's possible that he could use it legitimately. But only a real lawyer can give you the best advice on this and the site may not be worth defending.

Absolutely agree.... a real lawyer or someone who's been through a similar scenario ( like myself

.

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tehnolife

Banned 14 years ago

Depends on your luck,you can sell it for good money or you can lose all the money.Next time make a research before you buy a domain name, you can get in trouble or lose your money.

Off topic: The above SPAMMER should be banned for a few days to understand that this forum, is not a spam one!

Originally Posted by mabidanam

Good work for veiwers

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sbucciarel Banned 14 years ago

Originally Posted by tehnolife

Off topic: The above SPAMMER should be banned for a few days to understand that this forum, is not a spam one!

The best way to get that accomplished is to report him. I already did, but the more that do, the quicker he will go away
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Carl Hughes

14 years ago

well at the moment the domain is parked...looks like I will not be using it for traffic or sale just have to hold on to it until my time on it expires I guess...

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sbucciarel

Banned 14 years ago

Originally Posted by Carl Hughes

well at the moment the domain is parked...looks like I will not be using it for traffic or sale just have to hold on to it until my time on it expires I guess...

A better option is to not park it ... not do anything with it. Parked domains with a trademark in the domain can show ads that compete with the trademark owner's site and that makes them very mad if they find it. They can send the cease and desist for a parked page.

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Carl Hughes

14 years ago

Originally Posted by sbucciarel

A better option is to not park it ... not do anything with it. Parked domains with a trademark in the domain can show ads that compete with the trademark owner's site and that makes them very mad if they find it. They can send the cease and desist for a parked page.

so then direct it to a blank html and leave it sit is the best option?

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sbucciarel Banned 14 years ago

Originally Posted by Carl Hughes

so then direct it to a blank html and leave it sit is the best option?

I would do that, unless it's registered at Godaddy. Godaddy allows you to delete the name. I've deleted many of my domains to end the constant notices to renew them. If it's Godaddy, just delete it and be done with it.
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Carl Hughes

14 years ago

where can i verify if it is trademarked or not...as in who is the final authority?

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sbucciarel Banned 14 years ago

Originally Posted by Carl Hughes

where can i verify if it is trademarked or not...as in who is the final authority?

This is a good start.
Trademark Search - TESS
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Richard Tunnah 14 years ago

Originally Posted by Carl Hughes

where can i verify if it is trademarked or not...as in who is the final authority?

Carl,
To be honest some domains with trademarks in them are a grey area. It depends when, where and how a trademark was applied for and how you are going to use a domain. As stated on her already the easiest and cheapest option is to avoid a domain with a trademark in it. However if you want an authority on this then you'll need to employ a trademarks lawyer who will go through the legal ins and outs in relation to your domain and it's intended use. This will not be a cheap option though.

Rich
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- RSK3000 14 years ago
  
  This is a complicated area and just because a word or term is trademarked does not mean you cannot use it. But its a very risky area and you need some advice. There are a couple of specialised domain name forums where you can find out more about the legal side of things - DNForum and NamePros (both .com). These sites have people who have lots of experience in this area, and know what you can and cannot get away with.
  
  Take sbucciarel's advice too.
  
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Carl Hughes

14 years ago

ohhhhhhhhhhhh boy ok this domain is in the form of [family last name] [industry] example smithauto.com according to Tess the last name was registered in 1966 (pre internet and therefore pre domain) and they are in that industry...hmmm i have a feeling attempting to make even one penny in any way off of this domain would cost me what little i have and what i will earn for the rest of my life....so i guess lesson here is research and research a domain before buying it don't just go by the worth according to valuate check all resources such as TESS etc

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sbucciarel

Banned 14 years ago

Originally Posted by Carl Hughes

ohhhhhhhhhhhh boy ok this domain is in the form of [family last name] [industry] example smithauto.com according to Tess the last name was registered in 1966 (pre internet and therefore pre domain) and they are in that industry...hmmm i have a feeling attempting to make even one penny in any way off of this domain would cost me what little i have and what i will earn for the rest of my life....so i guess lesson here is research and research a domain before buying it don't just go by the worth according to valuate check all resources such as TESS etc

Always good to look it up in TESS. You will find often that one name is trademarked numerous times, but in different categories.

Example
Company 1 in cars/transportation
Company 2 in graphic design
etc

That means that you wouldn't want a site that targeted either of those categories. But for me the simplest thing is look it up in TESS and just avoid trademarks altogether. Keeps my lawyer bills nonexistent.

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Carl Hughes

14 years ago

I hear Ya Suzanne ...... how much would I have to pay someone to take this domain rofl

I wonder If it would be a good or bad Idea to contact the company in question and just offer to push the domain to them would be better to loose my small registration fee than to risk a law suit what do you think??

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sbucciarel

Banned 14 years ago

Originally Posted by Carl Hughes

I hear Ya Suzanne ...... how much would I have to pay someone to take this domain rofl

I wonder If it would be a good or bad Idea to contact the company in question and jost offer to push the domain to them would be better to loose my small registration fee than to risk a law suit what do you think??

You could do that but staying out of Google is OK too. Nothing to index they aren't likely to find you or care, but I don't think it would be bad to contact them and offer them the domain for free. Don't even ask for registration fee. Just tell them you were unaware and registered and don't want to use it, if you go that way.

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Carl Hughes

14 years ago

Well Ya know good will can be worth its weight in Gold and I think since the domain is already registered then they should have the option of having the domain ... my registration fee is gone anyway so I may just offer to push it to them for free...Thanks for all of your advice.

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