Domain Legal Question? Registering TM domain in another extension

Discussion in 'Domain Names' started by sweetpea69, Jan 29, 2014.

  1. #1
    So the law may be generally clear, but it isn't entirely clear to me. For example, let's say "digitalpoint" is trademarked (idk if it is). Could I register digitalpoint.org, and to keep it simple, not build a site on it. DP is just used as an example. What sort of legal issues could ensue?

    Another question that probably deserves another thread. But do any of you domainers have any experience in selling "trademarked" domains in different extensions. Or are most companies ~just looking for great domains in their niche?
     
    sweetpea69, Jan 29, 2014 IP
  2. sweetpea69

    sweetpea69 Active Member

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    #2
    I was more or less interested in an answer to the second question, otherwise I would have just posted it in the "Legal Issues" thread. Any info would be great.
     
    sweetpea69, Jan 29, 2014 IP
  3. ryan_uk

    ryan_uk Illustrious Member

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    #3
    In answer to the second part - a very dumb idea to deal in TM domains! Look up UDRP and being sued.

    That's not to say you can't have the same domain name if it's a generic word, but you just could not compete in the same niche as their TM. Keep in mind that a trademark does not have to be registered for it to be valid, so do not reply on searching a USTPO or similar, but in general research what other businesses exist with that name and what services they provide/products they sell.

    To be honest, from your post, I get the impression you want to knowingly take advantage of other companies' TMs (i.e. act in bad faith). You not only have UDRP to consider, but legal action. Your profiles shows New York as your location, but a lot of people lie about it on here. So if you are living elsewhere you might not worry about legal action, but it doesn't mean it can't happen depending upon local laws of your country and if the company you are trying to infringe upon has a local presence (also get yourself a bad reputation in the domain community).

    With regards to your first question, look up UDRP and also being sued. What a surprise - the same answer for both (!).
     
    ryan_uk, Jan 29, 2014 IP
    malky66 likes this.
  4. sweetpea69

    sweetpea69 Active Member

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    #4
    Appreciate the response. It just surprises me that something so "black market" is actively done in the open market, such as a recent Flippa listing for Lenovo.info . It went unsold so who's to say exactly what happened and ran a check on the TM of Lenovo. Which it is. Similarly, I see all the time domains actively traded that include TM (or in reference to) companies, like Apple and Google. While I see little value in registering a domain that could end me up in courts, there are people who do see value in them. Which I suppose is another question entirely.
     
    sweetpea69, Jan 29, 2014 IP
  5. sweetpea69

    sweetpea69 Active Member

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    #5
    Guess I can't post links... https://flippa.com/3006123-13k-estibot-valued-domain-with-11m-searches-4-cpc-for-diehard-lenovo-fans

    or just google flippa + lenovo.info
     
    sweetpea69, Jan 29, 2014 IP
  6. ryan_uk

    ryan_uk Illustrious Member

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    #6
    Sure, it happens and someone on here recently even asked about a domain called "appsflippa dot com" and they had posted it on Flippa, successfully passing their own TM check lol. However, once they contacted Flippa, it was recognised as a TM domain and the sale taken down. Some companies will ignore domains until someone tries to make a site from it that directly competes with them.

    Regarding Apple/Google, just do a search for them and UDRP (either in your favourite search engine or on Wipo's website). It happens, but in the end someone loses (the person who registered it or the buyer). It's a mug's game.
     
    ryan_uk, Jan 29, 2014 IP
  7. sweetpea69

    sweetpea69 Active Member

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    #7
    As someone who spends far too much time on domains, it's always nice to hear there's some I can immediately cut from my list ;)
     
    sweetpea69, Jan 29, 2014 IP