I recently registered a domain name but my friend said it has infringed the trademark of a company, and may be get sued of it. My domain name is exactly same as the trademark and I am sure that that trademark exists long before I registered the domain name. What should I do? Give it to that company or cancel that domain name? Please advice. Thanks.
Just cancel the registration and get a chargeback. No point in sticking to the domain when you know you are infringing trademark
hmmm, or you can host totally something different on the site which is not related to that company. But if they are big, they will still sue you anyway for the domain. But you may have your point valid in court
An ounce of prevention is better than a pound of cure, as one saying goes. You can cancel the domain name if you wish. If you do a chargeback, you risk getting your other domain name account/s (if any) suspended.
Thanks. I think Pixeldawn got the point, just like Apple Computer can not sue the apple fruit seller who uses the word 'apple' in their brand. But I think I better sell the domain away. Any suitable disclaimer I can make to remind the buyer of the risk of this trademark infringement? so that to prevent he ask for refund when the company requests the domain from him.
It really depends on the name. There are broad trademarks, and there are single classification trademarks. If you're talking about a generic domain like "apple" then you are correct, content and usage would determine if it was infringement. Register "apple-computer.com" and it's infringement regardless of the content. You could always disclose that you are selling a domain that contains a trademark, but for the $10 you might lose, I would just drop the domain and write it off as experience.
I would use it and see what happens, worst thing...they send you a nasty letter and you hand over the domain. Put a disclaimer "we are not related/affiliated to.... " on the page James.
May be will keep it for a while, but I'd like to know more. What if I successfully backorder the domain www.apple.com and used it to sell the apple fruit online or sell this domain name in domain auction market? Will I be sued for cybersquatting or trademark infringement? I think the answer for this question will clear my doubt. Any trademark attorney there? Please advise. Thanks.
http://www.wipo.int/amc/en/domains/search/overview/index.html#35 It's a different story if it reaches court. I'll put it this way. Arguably the most important question whether you might get sued for such is why you registered the domain name in the first place. If you intended to use it to possibly get a free ride on someone's trademark rights, then you already are setting yourself up for trouble. However, anyone can sue anybody anywhere anytime, even if the suit really has no actionable claim. Trademark infringement is an inherent risk.