Avoiding Infingement

Discussion in 'Legal Issues' started by Sticky Nebula, Jul 26, 2009.

  1. #1
    I own fkamber.com I've had it for a number of years and there is a company in Dubai with a company name fkamberholdings.com

    Ideally I would like to sell it to them because it's a shorter domain, and they can easily redirect it to their main site if they so choose. If that doesn't work I would like to turn it into a full blown website or sell it to someone else. My only issue is if they try and take it from me. I looked up copyright.gov/records/ and I couldn't find any copyright, I don't think they have my particular site name trademarked, but I am unsure.

    Do you think I can hold this domain and be able to sell it or develop on it without risking myself a suit? Thanks.
     
    Sticky Nebula, Jul 26, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    This has nothing to do with copyrights - it is a trademark issue.

    In the US, common law trademark rights are established by use - and their usage predates yours. Ownership of a domain does not give you any trademark rights, usage does. Attempting to sell them the domain opens up the door for a bad faith / cybersquatting claim.

    If you develop the domain, it should have nothing to do with their line of business. It is still possible that they could attempt to take the domain as your registration was a couple of years after theirs - and this is also a very unique name.

    If you can edit your post, I would suggest removing the domain names from your post - it could be used against you.
     
    mjewel, Jul 26, 2009 IP
  3. Sticky Nebula

    Sticky Nebula Guest

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    #3
    There are a couple other companies interested in purchasing this domain, by selling to them at a lower price because it could be beneficial to their business, wouldn't that be in "good faith" or since it was registered a couple years after theirs was that puts me in "bad faith"? I wouldn't be developing anything in the same line of work. Also the company that wants to buy it from me is called "f*ck amber" I much rather sell it to the construction company rather than the adult site.

    So essentially there is no way I can sell this domain to them?
     
    Sticky Nebula, Jul 28, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    As I said, owning a domain gives you no legal trademark rights - you have to use it for a particular usage. Contacting someone else who is already using the name in business (doesn't have to be on the net) is what can get you in trouble.

    http://en.wikipedia.org/wiki/Cybersquatting
     
    mjewel, Jul 28, 2009 IP