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Bought A Domain Name, Found Out It's Similar to a Brand Name

by koreancowboy
15 replies
I bought babelandtoys.com, only to find out tonight that it's similar to the brand name of babeland.com.

I was planning on using it for my own toy site (already have a starter one at toysforeyourplay.com), but I'm concerned that using this may run me into some legal troubles.

How should I proceed on this? Should I approach them about selling my domain (or possible JV)? Or should I just proceed with my plans of doing my own site?
#babelandtoys #bought #brand #domain #found #selling-domain #similar #toy-site
  • Profile picture of the author davezan
    Originally Posted by koreancowboy View Post

    Should I approach them about selling my domain (or possible JV)? Or should I just proceed with my plans of doing my own site?
    Trying to sell a domain name bearing its trademark namesake to its mark holder is
    a ground for cybersquatting. And trying to create what's virtually a competing site
    is surely asking for more trouble than it's worth.

    Unless they agree to do a JV with you, unfortunately I really do not see how else
    to use that to make money. It's virtually got "trademark infringement" written all
    over it.
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    David

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    • Profile picture of the author PatriciaJ
      Originally Posted by davezan View Post

      Trying to sell a domain name bearing its trademark namesake to its mark holder is
      a ground for cybersquatting. And trying to create what's virtually a competing site
      is surely asking for more trouble than it's worth.

      Unless they agree to do a JV with you, unfortunately I really do not see how else
      to use that to make money. It's virtually got "trademark infringement" written all
      over it.
      This is probably the best advice you've had so far. It really isn't worth the worry for a domain that costs a few dollars. I wouldn't try to sell it either, that's just passing the problem on to somebody else.

      If you really want to go ahead then it's best to get proper legal advice first.
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  • Profile picture of the author HatKing
    You might want to contact those people and offer to sell that domain name to them...and buy another domain name to use instead. If those guy's sales are good, they should be willing to pay good money for it. If not, use that domain name to sell some other stuff or do something else with it.
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    • Profile picture of the author paul_1
      Originally Posted by HatKing View Post

      You might want to contact those people and offer to sell that domain name to them...and buy another domain name to use instead. If those guy's sales are good, they should be willing to pay good money for it. If not, use that domain name to sell some other stuff or do something else with it.
      I agree!!! but first try to check if that brand was trademarked! Goodluck!!!!
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    • Profile picture of the author davezan
      Originally Posted by HatKing View Post

      You might want to contact those people and offer to sell that domain name to them...and buy another domain name to use instead. If those guy's sales are good, they should be willing to pay good money for it. If not, use that domain name to sell some other stuff or do something else with it.
      Originally Posted by IMdude123 View Post

      I suggest you contact them asking if its okay, if they say no then sell them the domain name for a high price.
      To think my post was the first reply to the OP's question, explaining what might
      happen if he does that. I suppose I could elaborate more but...whatever...
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      David

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      • Profile picture of the author koreancowboy
        I sent an email to one of the founders of the site, basically explaining how I got to this point, and throwing some feelers out there about a possible JV/affiliate partnership. Either way, I'm good...this was just going to be a side thing anyways.
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        • Profile picture of the author Kay King
          That company has a quite a few trademarks under that name.

          If it were me, I'd drop the $10 domain and find another one. The chance of a toy company letting you use their trademark to promote competing toys isn't very good...but doesn't hurt to ask.

          Those suggesting you should try to "sell" the domain to the company THAT OWNS IT - are way off base. Very bad idea.
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  • Profile picture of the author Matt Red
    If the other site isn't trademarked then you have nothing to worry about...
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  • Profile picture of the author Dimagiba
    You need to sell it or Contact again the seller.

    Its not good for business.
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    Try selling your stuff Buy and Sell Philippines

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  • Profile picture of the author SmileKenya
    Be careful you might get yourself in legal tussle over trademark infringement. An approach to sell them the domain name isn't bad provided that they can accept. If you can't make it through with the sell then try and contact the seller for advice. But it will be better if you forget it all and embark on building your own site.
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  • Profile picture of the author IMdude123
    I suggest you contact them asking if its okay, if they say no then sell them the domain name for a high price.
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  • Profile picture of the author sbucciarel
    Banned
    There is incredibly bad "legal" advice in this thread. Offering to sell it to them gives them proof of bad faith in a UDRP domain dispute.

    They do not have to register the trademark for it to be their trademark. There's first use in commerce that determines who has a right to use the name when there's a dispute and the names could cause confusion.

    As it turns out, they have registered the name babeland.com and there are also 3 other live babeland trademarks, so I suggest that you do not do anything with your domain name except delete it.

    You could ask an attorney what to do, but if you don't go that route, you're asking for trouble if you use that domain name, IMHO.
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  • Profile picture of the author shabash_23
    Do not worry. You can claim that it is babel-and-toys instead of babe-land-toys.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by shabash_23 View Post

      Do not worry. You can claim that it is babel-and-toys instead of babe-land-toys.
      Try to refrain from giving out legal advice, particularly if you have done NO research into at ALL.
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