Bought 11 Year Old Pending Delete Domain - found to be trademark

Discussion in 'Legal Issues' started by tikomh, Feb 15, 2010.

  1. #1
    i was bidding an 11 year old domain and i finally got it. I just found out that a company ( big company) with this name (my 11 yo domains) already exists.

    Example:www.companygroup.com( the trademarked name) Vs www.company.com ( <--which is one that i got)
    This domain does not have any backlinks all its ranking is gone , the only benefit is that it is a 11 yo. Now , i think i am stuck with it. Please tell me what i can do with it , redirecting it or build a new website with different industry.
    i know that i can't sell it to them because it shows bad intention. If i sell it to anyone else is this a problem. please help. I sure don't want to get sued or have this domain taken from me , but i don't want to loose $780 that paid for either :rolleyes:

    thanks

    T.H
     
    Last edited: Feb 15, 2010
    tikomh, Feb 15, 2010 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    It depends on the actual trademark - but a domain with no backlinks isn't worth anything even if it is 11 years old.
     
    mjewel, Feb 15, 2010 IP
  3. browntwn

    browntwn Illustrious Member

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    #3
    Just because someone else is using the same mark does not mean you cannot find a legal use for the domain. However, you most likely will not be able to use it in any way related to their trademark usage.

    Here is an example. NBA is a trademark of the National Basketball Association. However, I could own and use the domain name nba.com with no problem, so long as I did not use it for anything related to basketball or probably sports.

    Your exact rights are going to depend on the name.
     
    browntwn, Feb 16, 2010 IP
    wptheme likes this.
  4. wptheme

    wptheme Well-Known Member

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    #4
    If you could share the name we can come up with better suggestions. Its basically more towards your domain objective. If its ToysrusCorp.com and you own Toysrus.com then they have a case. But if its something unrelated or generic in its scope then you shouldn't have any clear problem to develop it as long as you stay away from the corp's biz objective or do so in an act of interfering with their biz.
    Good one. Repped
     
    wptheme, Feb 16, 2010 IP
  5. 24788

    24788 Peon

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    #5
    Yep it's fine. You can use it for anything, BUT what they use the name for.

    Company is also a well used word. I think your fine 99%. There's always that chance though. I could start a law suit against anyone on the internet even digitalpoint, but it would be crazy to do so, but it happens.
     
    24788, Feb 16, 2010 IP
  6. tikomh

    tikomh Greenhorn

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    #6
    The name of the these guys website is not company.com but i used this as an example : here is the example much clearer.
    the website is something like vadenmargroup Dot com and the website domain that i got is vadenmar.com
    they registerd the word vadenmar as services for real estate and such.
    does this mean that if i have vadenmar.com is a violation of trademark and such or i can use it but not for services that compete with them ( called also bad faith)

    thanks 24788 and everyone
     
    tikomh, Feb 17, 2010 IP
  7. warlord2010

    warlord2010 Peon

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    #7
    Just check when was their trademark registered. If it was done before the domain registratio then u should be fine. Otherwise try to sell it off discreetly...
     
    warlord2010, Feb 17, 2010 IP
  8. browntwn

    browntwn Illustrious Member

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    #8
    Maybe read what you type next time. Nothing about what you wrote is correct.
     
    browntwn, Feb 17, 2010 IP