I want to buy this domain which is around 11 years old. Some famous person has registered the 3 letter intials that have in the domain around 8 years later. What are his chances if he decided to file a wipo against me to get the domain? considering the site is older than when they registered the trademark? Also, do u think i should NOT, put anything related to the person on that site to improve my chances of keeping the domain? Thanks
What are his chances if he decided to file a wipo against me to get the domain? Consult a magic eight ball. considering the site is older than when they registered the trademark? Is it a site or a domain name? A domain name alone establishes no trademark rights - you need use in commerce, and if it was used - you would also need to purchase the goodwill associated with the domain, not just the name. Also, do u think i should NOT, put anything related to the person on that site to improve my chances of keeping the domain? Putting anything related to this other sites usage would almost certainly be infringement and a good way to lose the domain.
Almost every 3 letter domain name could be used legally by multiple parties. I have a hard time fathoming one that cant. Even the most well known brands, if you could get the domain name, would have multiple legitimate uses. Almost any grouping of letters could lawfirm, partnership, or initials of any company. So, if Issac's Burrito Market can get IBM.com there is no reason they couldn't legally use it. On the other hand, if you are in any way trading on the goodwill and name of another business then be prepared to lose the domain. Personally, there is not a 2 or 3 letter domain that I would every worry about trademark issues. I would have no concerns about owning and using such a domain in a non-infringing manner. (But, I am not a dumbass like most people) Short answer is that it all depends on what you intend to do with the name. The name itself is not legal or illegal to use.
I'd hate to think a Federal judge let that stand. Do you know what happened? Did they settle or something?
I remember Berryhill posting that the court case was dismissed and any settlement terms were not disclosed.
Tbh, i don't think this would happen to me if i were to create a site about this famous person. As long as i state it is UNOFFICAL then i seen no problem with this
I don't know a lot but what harm is it to create a site which releates to this person? Im sure it will stand in my case because: 1 - The site was registered in 2000 - The famous person registered the TM in 2008 2 - I won't be stating the site is releated (offical wise) in anyway
I don't know a lot but what harm is it to create a site which releates to this person? no harm at worst you will be giving that LLL.com to him at very cheap rate with a udrp claim you know the TM and still want to use the domain similar related site ? just it helps them to file a TM infringement
If you were dead set on being stupid, why did you bother to post? What don't you understand about the domain registration date making no difference if you use it to infringe upon another trademark? Not only can the TM holder take the domain, he can sue you for damages, and treble his attorney fees.
And non-commercial also. Not even ads. This is all assuming the famous person in question indeed has trademark rights to his or her name like Elvis Presley or Angelina Jolie, for example.
Ok. Fair enough points made. My plan was to develop the site into something related to him. The previous owner made 400 dollars last year from it just being on it's sale page and all traffic was direct traffic. I guess i might have to just flip it and sell it off.