I found unregistered restaurant domain name...legal?

You can if you use that domain name and it doesn't infringe on there name at all. So you would have to check trademarks ect.

Now would I do it, no I would not do it unless I had a legitimate reason for that exact domain.

This is coming from me, who went against ebay and won against several domain names cause they had ebay in them. I did find other uses for them other than the ebay. So they could do nothing because nothing in the domain pertained to them.

I still lost too though since the original plan was to use them for ebay. There were worthless but I wouldn't give up. The lawyers left me alone though and I figure they were really paralegals in the first place.

If it were me, I'd register it. Let the restaurant know you have it and want them to have it BUT include it in a full new web design project proposal.

It's called cyber squatting and frowned upon.

If they hire good lawyers they could tie you up in court and drain you financially until you realize it is better just to walk away. However, if you are serious about trying to make something out of the opportunity, the best way to do it would be to do what 300SMG suggested.

The best advice given here is to stay away from using others trademarks in your domain name. If you are not the trademark holder then it can easily be taken away from you and any attempt to sell it to the trademark holder could be met with a legal notice to turn it over to them anyway. It doesn't seem worth it to try this.

The legal issues against you in the US is the Anticybersquatting Consumer Protection Act. This is a big issue especially if the name is trade marked. As others have said 300SMG probably has your solution, but if you get their backs up watch out.

I own a domain of a prominent investment bank in the keywords. I purchased it because I wanted to use it to ride their coattails to sell a stock trading software. I simply did a domain redirect from to the affiliate product and thought everything was good. Guess what? I got an email from the investment banks lawyers a few days later telling me that I "may" be infringing on their name and that they wanted me to surrender the domain name to them. I told them I would park the domain and put it for auction. They told me they didn't want me to sell it to someone else who might also infringe on their name. Long story short, I still own the domain and generate some nice affiliate sales from a stock trading product on Clickbank. And I am not scared of them. This was back in August 2012 and I haven't heard from them since. Therefore, Mr. Banker lawyer kiss my you know what! The worst they can do to you is issue a cease and desist order which if they did in my case I would have complied.

If i was in your position than i would register the name of the restaurant first. Then every thing would be in my hand. I mean than it's up to me whether i make it profitable site or i would sell that.

Yeah if it's a registered trade mark name then you should stay away from it.

For what its worth I have done this more than a few times, I have always offered it as my gist to them. I have always got some kind of work - a website, SEO Google places something. I give before I ask. It usually works

Trademarks are restricted to specific fields of activities. For example, a footwear company can register a domain (and trademark it too) as microsoft-shoes.com.They sell soft shoes, and have nothing to do with another company that develops, manufactures and sells software products.

If that name is TM dont register it. If not, register it! Very simple. By the way, I avoid TMs, but had a few. I sold each of them to their owners! You may also register it if there is TM, but play wise. Although I dont suggest playing with TMs.

Hmmm this is a debate table issue, I dunno If I would register it.

First of all, there is a LOT of nonsense being spewed on this thread. The reality is:

- If it is a generic restaurant name, like BobsBurgers.com, you can register it and use it or sell it as you'd like (unless it's trademarked). There are MANY different "Bobs Burgers" restaurants. http://www.manta.com/mb?search=Bobs+Burgers

- If it is a trademarked name, stay away unless you plan on using it in a different industry than the trademark is established for. There is a lot of gray area, like the "dilution" possibility that davezan posted above.

Wow, thank you for all of the advice; you guys rock. It definitely seems to not be worth the trouble.

How about this?

1) I presume the restaurant are happy with their existing domain name. They have probably been using it for some time because some other misguided idiot bought the one word version and has previously tried to get an inflated price from them.

2) How about NOT buying it. Phone the restaurant and point out that it is for sale and they can buy it for themselves.

That sets you out immediately as one of the good guys. Then maybe, just maybe, they might use you for seo services, design services, updating services - or whatever services you offer.

You do offer services, I presume. Or were you just hoping to make a quick buck by buying a domain they probably don't even want?

Carol, I completely agree. It's all about building trust and this is a great suggestion... What a great way to introduce yourself to potential clients...

register them, contact the restaurant, try to sell it to them, profit.

You DO NOT want to register the domain, it will just cause you a lot of stress if the company decides to take legal action against you. Cyber squatting is not something that you want to be a part of.

Joel