A billion $ Company forgot to buy the domain...

I do not know the legal issues about trademark in the US, but rent the domain out to the company on a monthly basis.

1000$ a month is nothing to a billion company !

Lasse

Done! Thanks!

Attempting to grab a trademark that is already being used in commerce might spell legal problems down the road. The govt might grant it, but they can always sue you for your bad intentions.

True, I won't know for several months if the trademark I just filed is accepted. But currently there is no trademark for this name...for what it's worth.

They sure need it but they dont even know they do.

LOL

i will do the same thing if i were you..hahah

I am skeptical this even happened! Could be a ploy to increase post counts.

chemo38

I am keen to know that precious domain name too. Although, I am not sure if he's going to share it with us but who knows?


Cheers,
Louie Tugas

I'm sorry guys...maybe I will disclose the .com soon, but at this point I just am not comfortable enough.

I will absolutely seek the advice of a domain/trademark atty...and I appreciate all the advice you have all given.

From what little DD I've done....it seems to me if I don't try to monetize from the site and also don't proactively try to sell the domain, but rather host a type of personal tribute site and simply wait for someone to approach me with an offer to buy first...I might be viewed in better light if in the event of litigation and have greater leverage?

But who knows? like many of your have said, a good competent attorney.

I just have to ask... if the OP already owns the domain - can you give me a reason for this point of view?

To everyone reading this - how would your businesses be doing if you kept your domain name secret?

I could type a million dollar idea in this thread right now and 99.9999% of the people who read it won't take any action on it... so exactly what is it that y'all think will happen if the OP discloses a domain name he already owns?

Yeah do this man...

In the mean time you can build a meaty list with this. Get to it!

Not this one for as long as he doesn't elaborate.

I'm quite sure if a legal situation came about though, he might have to justify his intention of owning the domain name if he's to convince people that he isn't trying to "piggyback" upon a brand someone else has established.


Daniel

Unfortunate and scary, actually, that some are telling the OP to "go for it". That's why asking questions (that involve legal issues) on a forum like this can get you into all sorts of hot water.

Some of the responses in this thread contain very bad advice. Fortunately, the OP seems to be considering the responses from those who have wisely suggested that he talk to an attorney.

Ha ha... great, you clearly have a good eye for opportunity!!

Good luck!

lol,that is more like a $$$.$$$ lawsuit

Ethically speaking, I hear exactly what you're saying. However, it's all just business so you have to cover your bases. If OP hasn't broken any laws, then I say get all the money you can. He was out in front on this one.

I did it through Legalzoom.com

Was like $450

They'd do it to him if the situation was reversed. Business will always be cutthroat. Again, if he gets the ok from attorneys and whatnot that lawfully he's in the clear then it's payday time.

Unfortunately I see just one scenario happening going by the faint details you've given in your post and it's rather simple.

If they want the name they will get it without having to pay for it. Zip, nada, zilch and you'll read why in a second.

However, the basis of your post is that this company has built an ad campaign around a fictional character and the domain name relating to the character is what you have purchased.

If this is the case I am positive this character is TM but that doesn't matter either as you'll read why. So all this talk about copyrights and trademarks don't mean squat. really.

Now of course you should speak to a lawyer. You should have done that before spending $450 on a trademark which can't be had in the first place - again, going by your faint details in your post.

Imagine you bought ronaldmcdonald.com, bigbird.com, or chestercheetah.com. There would be no question these names identify a particular brand. You would have no legal right to profit or keep any of these domains.

Again, consult a lawyer. Many laws have changed since the www-wild-west days and they favor big business.

More importantly, none of us OWN any domain we pay for. It's true. We buy an agreement with the registrar to register a domain. That's it.

I have bought and sold an uncountable number of domains in my time and before you speak to a lawyer you need to print the contract out from your registrar. Your lawyer needs to read this completely. It is the ONLY contract that really matters at this point and asking any questions without out knowing whats in the contract is pointless and you'll get a pointless answer.

You'd be surprised how easily a registrar can confiscate your domain and how quick they can just shut it down (usually for any reason they feel like without notice because again, you don't OWN anything). If you don't have a lawyer who has read this contract your domain is good as gone when your registrar is contacted by this business you speak of.

Now read the ACPA - Anti-cybersquatting Consumer Protection Act. Because this is what this business in your post will be referring to when they serve you papers. Specifically "bad faith use".

Someone mentioned UDRP. The UDRP handles cybersquatting (which this simply is) and they'll argue trademark infringement (which it is - again by your post). But they will sue you in civil court under ACPA. Reason is the UDRP is arbitration. Which means civil court will cost YOU more and lawyers like to think they are above arbitration anyway.

Lastly, this is the TEST for ACPA cases in regards to "bad faith".

The company protesting only has to prove that you bought the domain intending to use it in bad faith for profit.

And, that the name is trademarked or... wait for it.... FAMOUS at the time of registration.

So trademark don't mean jack if they can prove it was FAMOUS enough to describe their brand.

I think this pretty much answers it for you but again - ask a lawyer.

All in all you can only hope to sit and see if they offer you money. Most likely, not, and if they do it will be less than the cost of filing court docs and their in-house lawyers time.

The worst thing you or anyone can do is jump on a forum and start asking what should I do questions on subjects like this. Do you think if you actually went to court they wouldn't request to examine any "business" related items stored on your computer?

That's highly unlikely. The domain, nor his identity is evident here.

This thread could potentially relate to any domain / business in the world.


Daniel