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Domain Legal Question

by AyeDub
11 replies
Can I buy a domain that has the name of another company in it? For example, there's a company called ABC Plumbing Inc. And they own abcplumbinginc.com. Can i buy abcplumbing.com legally even if i have nothing to do with this company?

By the way i have no idea if those are real sites and I'm just using them as examples. Obviously the idea here is that I secure the domain and potentially sell it to that company. But I sure dont want to get into any legal issues.
#domain #legal #question
  • Profile picture of the author hustlinsmoke
    They stopped that along time ago bud, if its trademarked it's there. I think Mickey D's made that change in the internet world.
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    • Profile picture of the author AyeDub
      I don't understand anything you just said. But if you're saying that buying a domain and selling it to someone doesnt work then I would disagree. Done it a bunch of times. Just wondering about one that includes a company's name, vs just keywords or a generic term.
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      • Profile picture of the author kindsvater
        Originally Posted by AyeDub View Post

        I don't understand anything you just said.
        Maybe you will understand this: no.

        You can get sued for doing what you said.
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      • Profile picture of the author hustlinsmoke
        Originally Posted by AyeDub View Post

        I don't understand anything you just said.
        And thats the reason you want to commit a felony lol. Hey but its a federal prison so go for it, they have nice showers and the bubba's there aren't as mean as the state prison's lol.
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  • Profile picture of the author hustlinsmoke
    No you can not buy abcplumbing if they have that trademark and sell it to them. the law changed in the ninetys and I was there when it changed because I was making good money at it.
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  • Profile picture of the author hustlinsmoke
    Taken from FAQ about Domain Names and Trademarks -- Chilling Effects Clearinghouse

    Question: Isn't the domain name registration process "first come first served"?

    Answer: In .com, .org and .net, which are "open" to any kind of registrant, the policy is first-come, first-served, as long as you have registered and used the domain name in good faith or have legitimate interests in the domain name. However, you have no right to violate trademark law, or ignore your Registration Agreement, or engage in cybersquatting just because you registered the name first.

    Furthermore, in the newer domains such as .biz and .name, there are additional registration requirements that must be met because some of these domains are restricted. Trademark owners may also have advance registration rights. Check individual registry requirements. See list of generic top-level domain registries at InterNIC | FAQs on New Top-Level Domains.
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    • Profile picture of the author serryjw
      Cybersquatting is the issue. IF the REAL question is a domain LIKE a generic ABC you maybe OK as long as your goal is NOT to sell it to ABC plumbing and it is NOT TM.
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  • Profile picture of the author twister85
    Let me attach My question to this thread.

    Does it also work on Facebook pages? I mean if an ABC company doesn't have a Facebook page, Can we make a Facebook page named ABC and sell it to them?

    Or the trademark works here too?

    Thanks!
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    Animated Explainer videos! Don't pay if you don't like it!
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    • Profile picture of the author serryjw
      WHY being labeled a cybersquatter is the kiss of death in an industry where reputation is everything...don't do it is my recommendation.
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    • Profile picture of the author kindsvater
      Originally Posted by twister85 View Post

      Let me attach My question to this thread.

      Does it also work on Facebook pages? I mean if an ABC company doesn't have a Facebook page, Can we make a Facebook page named ABC and sell it to them?

      Or the trademark works here too?
      That's a good question and I'm a little surprised I have not seen some cases on the issue. Maybe I just haven't seen them.

      Much of the trademark issues involve domains because that is how the Internet started, with domain cybersquatting, and there are laws specific to domains.

      However, the issue of trademark infringement is not unique to a domain. It can arise in any context where X is using Y's trademark and creating confusion about who is responsible for the page (and products being promoted). That could happen with a Facebook page. Facebook's terms have been evolving so that when you create a fan page about another's product / company there is supposed to be an indicia you are not the owner but a fan.

      The bottom line: There could be a legal issue with a Facebook page, especially if you are selling it to the trademark owner. That could be used as an improper use of trademark. Basically, extortion. This is a cutting-edge legal issue and much will depend on context, what is on the page, what is being sold, etc.

      .
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  • Profile picture of the author hustlinsmoke
    Don't know but I would rather do it with facebook than icann lol. Facebook has rules about things though. I can't get a facebook account under a different name, or I should say I am not supposed to lol
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