Bought a Trademarked Premium Domain - What do to now?

13 replies
Well I got a Premium domain which I later found is trademarked...It was done unknowingly...So I am wondering whether what should i do? I havent setup the site yet.... :confused:
#bought #domain #premium #trademarked
  • Profile picture of the author acamso
    I was just about to start a thread to ask how to find out if a domain name is trademarked. How did you find out it was trademarked?
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  • Profile picture of the author Just4Kix
    I was going to sell the domain on Sedo.com. At that time I wasnt aware whether it was trademarked... When I entered that domain Sedo showed a message that this domain cant be sold as its trademarked...I then researched and found that this is really trademarked

    U can always research that keyword+trademark to find whether its trademarked or no..
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  • Profile picture of the author davezan
    Originally Posted by Just4Kix View Post

    Well I got a Premium domain which I later found is trademarked...It was done unknowingly...So I am wondering whether what should i do? I havent setup the site yet.... :confused:
    As lawyers would say, it depends. It depends on, but not limited to, how strong
    that trademark is, and how likely are people going to confuse one's site with it.

    The more unique and famous the mark, the harder it'll be to create one that will
    not be associated with its trademark namesake. It's possible to use AppleWidget
    dot whatever about, say, bowling products, but AppleComputers dot something
    is like skating on thin ice.

    If it's unique and/or famous like, say, Facebook or Google, dump it. It can leave
    a bitter taste having spent for it, but it could get worse if they catch you soon.

    Originally Posted by Anthony Caruso View Post

    I was just about to start a thread to ask how to find out if a domain name is trademarked. How did you find out it was trademarked?
    Not exhaustive, but type in Google like "word/s trademark" to at least give some
    ideas.
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    David

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  • Profile picture of the author kalens99
    If you are really concerned, I would contact an attorney not ask people on a forum. If it isn't a popular trademark, then you might be able to get away with it. It's risky but your call if you want to do anything with it. Personally, I wouldn't take he chance.
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  • Profile picture of the author NACAdam
    well if the people that have it trademarked have contacted you then you can actually negotiate a nice price for the domain more than you paid haha also if they havent contacted you yet go ahead and build it
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    • Profile picture of the author Kay King
      well if the people that have it trademarked have contacted you then you can actually negotiate a nice price for the domain more than you paid haha also if they havent contacted you yet go ahead and build it

      ...and that advice is why you talk to a lawyer instead of asking on a forum:rolleyes:
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    • Profile picture of the author Chris Worner
      Originally Posted by NACAdam View Post

      well if the people that have it trademarked have contacted you then you can actually negotiate a nice price for the domain more than you paid haha also if they havent contacted you yet go ahead and build it
      Facepalm.jpg

      -Chris
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    • Profile picture of the author theimdude
      Originally Posted by NACAdam View Post

      well if the people that have it trademarked have contacted you then you can actually negotiate a nice price for the domain more than you paid haha also if they havent contacted you yet go ahead and build it
      :rolleyes: best advice to get you in trouble. Just dump the domain and move on. You don't need a attorney to tell you that
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      • Profile picture of the author Jeff Henshaw
        I'm a little confused. First you say:

        Well I got a Premium domain which I later found is trademarked...It was done unknowingly...So I am wondering whether what should i do? I havent setup the site yet....
        This statement implies that you purchased the domain name in order to set up a website. You then go on to state:

        I was going to sell the domain on Sedo.com. At that time I wasnt aware whether it was trademarked... When I entered that domain Sedo showed a message that this domain cant be sold as its trademarked...I then researched and found that this is really trademarked
        So did you buy the domain in order to build yourself a website, or to directly sell it as a domain, or possibly to build a website with a domain and flip it?

        Regardless; the most valuable advice so far on the thread is to discuss the entire issue with your legal adviser and proceed from there.

        Just my thoughts,

        Jeff.
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        • Profile picture of the author mannie
          Best advice from a domainer that has been down this road.

          1) A domainer always checks his names before he buys.

          2) You know the rules , never buy a trademark name, especially today companies are going after anyone and everyone that infringes on there trade name.

          3) Whatever you do, do not develop the name, you are asking for legal action for sure.

          4) Why push the envelope, best advice is to drop the name with your register.
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  • Profile picture of the author byalik
    You will need to consult with a lawyer. It may be fine for you to keep it, but really depends on facts.
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  • Profile picture of the author timpears
    I think I would try to get the sale reversed due to copyright violation.
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    Tim Pears

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  • Profile picture of the author Ken Strong
    Now this same question is coming up multiple times in the same day.

    Let me summarize the consensus opinion from all the previous times this issue has come up:

    1. Don't take random legal advice from a marketing forum -- talk to a lawyer.

    2. Better yet, give it to them immediately and thank your lucky stars that you resolved the issue before they sue you for big bucks.

    3. Don't be an idiot -- see #1 and #2 above.
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