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Selling a TradeMarked Domain Name of Multi Billion Corp

Discussion in 'Legal Issues' started by spid4r, Nov 15, 2007.

  1. #1
    Few weeks back I purchased a ccTLD domain name that is a registered trademark of a Multi Billion US Corporation .

    The Keyword is the exact same that matches the trademark and it has an overture value of about half million searches a month and over 18 million search result in google.

    They own the domain names in all major TLD s and some ccTLD , the rest they dont are either parked or without any name servers .

    I know that it may be valuable to the large corporation in future as it is a registered as top level country domain of one of the fastest growing country in the world.

    I intent to use this domain to develop a website but after reading so many posts in dp and other forums I have a feeling that they could sue me for cybersquatting if i ever develop the domain name .

    I would like some advice about what would be the best steps to proceed?

    Should I put the domain for sale without contacting them . I know in this case they could file a UDPA complaint for Bad faith .

    Should I develop into a active website promoting materials which are completely different from what they sell ..

    Should I contact the Corp that owns the trademark and say I registered it by not knowing and ask them to buy?

    Thanks in advance
     
    spid4r, Nov 15, 2007 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Need I ask why you purchased that domain name?

    Anyway, the answer to all your current questions are no, more so if the TM in
    question is quite...famous.

    Up to you to decide, depending on your personal risk threshold. And if others
    here start posting to sell the name to them and what not, I personally doubt
    they'll help you if push comes to shove.
     
    Dave Zan, Nov 15, 2007 IP
  3. spid4r

    spid4r Guest

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    #3
    My only intention was to develop the domain to a website and sell it afterwards and yes the TM is quite famous, is of the largest mobile company in USA established since 1943 .


     
    spid4r, Nov 17, 2007 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #4
    Unfortunately that's generally a no-no in domain name-trademark disputes. If
    they're doing business in the country of that extension, they'll likely utilize its
    dispute resolution process the moment they find out you have the ccTLD and
    you try to sell it to them.
     
    Dave Zan, Nov 17, 2007 IP
    spid4r likes this.
  5. Cameron [NetXHosting]

    Cameron [NetXHosting] Peon

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    #5
    Just out of interest, What is the domain?
     
    Cameron [NetXHosting], Nov 17, 2007 IP
  6. MrBrian

    MrBrian Active Member

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    #6
    If it's something like verizon, that's a pretty common word. Anything else you don't think you could get away with and they can probably get away with taking it if they so choose. My advice is make as much money off it as you can right now or sell it away. The most you'll lose is the domain.
     
    MrBrian, Nov 18, 2007 IP
    spid4r likes this.
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    Are you sure it's verizon or some other word perhaps? Then again, even words
    like apple, shell and tide are quite common yet also used as trademarks.

    The least that can happen is losing the domain name. Depending on what the
    ccTLD is and whatever relevant laws and/or policies there are, the worst that
    can happen is being sued for monetary damages. (e.g. US ACPA)

    Up to you, spid4r, if you want to follow MrBrian's so-called advice. Like I said
    before, no one around here is likely going to help you if you do what they say
    and you end up being sued by the trademark holder or so.

    If you want realistic advice, talk to an attorney with real-world experiences in
    this matter. That's the only "advice" you can reliably count on than those of
    total strangers in an online forum with no obligations to you.
     
    Dave Zan, Nov 19, 2007 IP
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  8. craigedmonds

    craigedmonds Notable Member

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    #8
    Build the site and sell it on fast!

    They say "a fool is born every minute".

    You need to tranfer that label over to the new buyer of your site/domain.

    :)
     
    craigedmonds, Nov 20, 2007 IP
  9. Pixelrage

    Pixelrage Peon

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    #9
    if it's a large company, they probably own an international trademark. In essence, it would be like registering a Google.XXX domain.
     
    Pixelrage, Nov 20, 2007 IP
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  10. taylorwilsdon

    taylorwilsdon Peon

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    #10
    Chances are that if you try to capitalize in any way off association to their name, they can get you in trouble. If you are legitimately using it for an operating business of the same name in a different industry, you should be okay. Seeing as you're aware of the potential trademark issue and it doesn't seem like you bought it for personal use, you might be in trouble.
     
    taylorwilsdon, Nov 20, 2007 IP
    spid4r likes this.
  11. NewTier

    NewTier Notable Member

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    #11
    That's very good advice, I would suggest talking to a lawyer. :) Most likely you won't be able to resell it to the original owner but you could always try selling it off to somebody else!
     
    NewTier, Nov 20, 2007 IP
    spid4r likes this.
  12. aislandas

    aislandas Peon

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    #12
    Try to sell it to somebody else, They will have the risk then, or offer it to the company for the orginal buying price, something like that, because in any other case it could lead you in big trouble.
     
    aislandas, Nov 21, 2007 IP
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  13. spid4r

    spid4r Guest

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    #13
    Thanks loads for the great response peepz . The domain is not verizon but definetely one of the biggest competitor. The company is America’s fifth largest mobile service provider and they have already invested in the country where I own the ccTLD of the trademarked domain.I have to yet decide to keep the domain , drop or develop and resell asap..
     
    spid4r, Nov 28, 2007 IP
  14. Cameron [NetXHosting]

    Cameron [NetXHosting] Peon

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    #14
    I would just try sell it to the company. Probably the best idea.
     
    Cameron [NetXHosting], Nov 29, 2007 IP
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  15. craigedmonds

    craigedmonds Notable Member

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    #15
    What, the CIA? What will they do with it?

    :)
     
    craigedmonds, Nov 29, 2007 IP
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  16. ShiftChip

    ShiftChip Well-Known Member

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    #16
    Lmao? this is probaly the worst idea posted buddy.... Dont do this.... makes you a Cybersquatter....
    "The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price."
    Then again you buying the domain to knowing its trademarked and trying to make profit from it already makes you a Cybersquatter.
     
    ShiftChip, Nov 29, 2007 IP
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  17. spid4r

    spid4r Guest

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    #17
    Yeh the worst thing to do is offer them the domain ..

    Got about 50 - 100 unique /day for the domain when parked but now I have set nameservers blank.

    Have already received few offers for domain wrt this thread , maybe in fewdays I'll sell it to someone .

    Thanks again for all the responses . Repped everyone !
     
    spid4r, Dec 1, 2007 IP
  18. Soccerplayur012

    Soccerplayur012 Peon

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    #18
    I'd get rid of it, and quick. Sell it off to whomever was interested.
     
    Soccerplayur012, Dec 1, 2007 IP
  19. movidalatina

    movidalatina Well-Known Member

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    #19
    Heres what happened to me; I purchased AmericaOnlineBanking.com, I had a
    smile from ear to ear when i saw the domain was in my domain portfolio (LOL)
    about 4 months after that, I received a certified C&D letter from an attorney
    that represents AOL/Time Warner. asking me to relinquish the domain name to
    AOL/Time Warner or risk being sued. Ok, so America is a continent, Online
    is a means of communications and Banking is an act. why should they own
    those words of the english language was my question...Well, could I afford
    to fight it out in court, pay lawyer fees, travel, time, and if I lost pay their
    lawyers too? NO. I faxed over a domain transfer and was done with that.
     
    movidalatina, Dec 1, 2007 IP