Buying a Domain name that is trademarked!

Hello,

I am interested in buying a Domain name, but after doing trademark research i found that it is already trademarked..but is it possible to sell that domain name to the trademark owners for a nice price?...

Regards,
Hashif

 

Is this the same domain you're referring to in the thread you hijacked?

http://forums.digitalpoint.com/showthread.php?t=2588481#post18224318

It's a bit confusing as you say you are going to register a domain, but in the other thread you also write, "domain name that i registered in 2007".

So, do you have the domain already since 2007 or...?

 

Sorry its a grammer mistake, i edited and cleared it to "Domain name that is"..

 

So, you would be registering the domain in "bad faith" as you know there is a TM and you want to ask money for it. It's not a good strategy, mate, and the find of thing that makes it easy for them to get it transferred away from you.

 

Mate, but it is registered about 5 years ago before the trademark is filed..so is there any advantage?..

 

So, someone else registered it before the trademark, they established this domain/brand. Now they want to give it up and you want to purchase it to resell for profit? It still comes across wrong. You should read through this.

 

Ok , its always better to stay away from trademark names..

 

Well, you should always proceed with caution. If you're doing it to profiteer then yes, it's a risky area. However, there are TM domains out there (especially *sucks.com ones, for example) which are put to "legitimate" use (I guess that is subjective, but some of these have gone through the courts without the TM holder winning). However, IANAL and you're better off speaking to a lawyer first if you ever think to start a website that involves a TM domain.

Good luck.

 

Thank you very much, i will give it a try to flip it ..

 

Buy it and sell it to the trademark, if they refuse or don't want it use flippa.com

 

And potentially get into trouble?

 

They both seem to be unable to understand that trying to profiteer from a TM in that way is pointless.

 

Flippa doesn't let you sell sites/domains with trademark keywords in it. They automatically block you from selling domains with keywords such as facebook, google, youtube, twitter etc.

 

I recommend you YoHOST.org to register it, they are a Panama-based offshore registrar. You won't get any problems with them

 

You may not do that ,

 

i think You can not do that,...

 

1) They shouldn't be able to trademark a name that's already being used in trade.

2) If the situation were the other way (trademark registration before domain name registration), the owner of the trademark owns the right to use the trademark in trade, and that includes as a domain name, so they can just take it (after the court orders you to give it up).

You can buy the name, but you may have to choose between defending it in court (which you probably won't be able to do) or giving it up.

 

You are just asking for problems dealing with trademark names.

 

It depends on how you use it since a trademark usually only applies to a specific field. If you buy a website with a trademarked name and use it for a purpose completely unrelated to the trademark (like if I register digital-point.com and use it as a digital photography blog), that is usually ok since there is no likelihood that your site's name would be confused with the trademark. But if you use it in a way that references the existing trademark that is probably against the law. There are some specific exceptions for free speech, as ryan_uk mentioned xyzsucks.com sites are ok as they serve to criticize the company. What you are talking about doing, buying a site with someone else's trademark and trying to profit from the legitimate trademark holder, would be against the law.

 

It really depends on the subject matter of the website in my eyes. If it is just parked and they approach you with an offer you can haggle, and if not then you might find yourself with a rather useless domain.