Domain name of a company with no site.

Discussion in 'Legal Issues' started by pxshock, Jan 10, 2008.

  1. #1
    hello,

    i read a couple threads, and now im scared if i might be in some trade mark issues.

    i bought a couple (4) domain names recently,

    i will not be saying the domain name but, i will give examples as clear as i can

    i am not a US resident.

    1 : first domain name) my domain name is the <name of a night club><country>.com, but heres the thing, the club does not have a web site/domain name for them selves, and the <name of the night club>.com is owned by some other firm. But the club is well established in my country.

    2 : second domain name) my domain name is <name of a night club>nightclub.com, same night club as above, they do not have a site or domain name to call their own.

    from reading other threads, i have a feeling domain name (2) is going to be a problem.

    3 : third domain name) similar to (1) but the company has <company name><country>.com and i bought <company name><country><added letters>.com, where added letters = reviews

    4) i bought domain name of company works that around the world, they have <company name><country>.com and i bought <company name><different country>.com

    i have a feeling its looking very bad for me,
    in all honestly, i was planning to set up review sites, with forums...
    then the idea of puting ads on it came to me, but after reading other threads, i guess thats not a great idea.

    can somone claryfy which of my domain names cannot be used, and if i can use them what am i allowed to do, and if i cant use them do i just remove the A enteries? and dont let the domain names resolve?

    thankx in advance

    threads read
    http://forums.digitalpoint.com/showthread.php?t=638002
    http://forums.digitalpoint.com/showthread.php?t=640011
    and a few others
     
    pxshock, Jan 10, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Without knowing a lot more information, there is no way to give an opinion, and you really should consult an intellectual property rights attorney.

    Having said that, the basic rule is that you cannot ride the goodwill established by someone else - you can still be guilty of infringement even if they don't have a website.

    If the domain contains a well-known name, and you intend to use it in the same classification (i.e. a famous nightclub, and you want to make a website about nightclubs) you are probably infringing and asking for trouble. The first to use a name establishes rights. You can't come along and ride the name/mark they established after the fact.
     
    mjewel, Jan 10, 2008 IP
  3. pxshock

    pxshock Peon

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    #3
    its more like wallmart sells walls and based in the uk, and has no site for them selves, but wallmart.com is registed to the general sales store in the us.

    now it would appear as if i bought

    1 : first domain name) my domain name is the <name of a night club><country>.com, but heres the thing, the club does not have a web site/domain name for them selves, and the <name of the night club>.com is owned by some other firm. But the club is well established in my country.

    wallmartuk.com


    2 : second domain name) my domain name is <name of a night club>nightclub.com, same night club as above, they do not have a site or domain name to call their own.

    wallmartwalls.com

    ---


    3 : third domain name) similar to (1) but the company has <company name><country>.com and i bought <company name><country><added letters>.com, where added letters = reviews

    say wallmartusa.com exists i bought wallmartusareviews.com


    4) i bought domain name of company works that around the world, they have <company name><country>.com and i bought <company name><different country>.com

    say wallmartusa.com exists i bought wallmartcanada.com

    ---
    the more and more i think about it, i think i have property that is not mine, and im not sure if it is so, and also dont know what to do with it.
     
    pxshock, Jan 10, 2008 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    All the examples sound like they would certainly have trademark infringement issues.

    Whatever you do, don't approach the owner and try to sell the domain to them.
     
    mjewel, Jan 10, 2008 IP
  5. pxshock

    pxshock Peon

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    #5
    ahh...lol...wasnt thinking about it...but thankx for telling me...just incase i get more brilliant ideas.

    i guess i cant park it, and i guess i cant point it to a blank page, or can i?
    should i just remove the "A" enteries? so the name doesnot resolve?
     
    pxshock, Jan 10, 2008 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    You can either put a blank index page or remove the A and CNAME records.

    If the trademark holder approaches you, be ready to hand it to them if you don't
    want further trouble.
     
    Dave Zan, Jan 11, 2008 IP
  7. Arson

    Arson Well-Known Member

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    #7
    I've bought domains like that before. I made the mistake of approaching the owner telling them its for sale.

    I will probably get the domain taken away, but I have considered just cancelling my registration of the domain.
     
    Arson, Jan 11, 2008 IP
  8. pxshock

    pxshock Peon

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    #8
    guys

    thankx so much

    well..what i decided to do was remove the enteries, although, here in my country, i doubt the night club will have a site for the next decade, but i dont want any troubble

    i am prepared to hand it over...

    its my loss what can i do...

    lesson well learnt

    :)

    thankx guys.
     
    pxshock, Jan 12, 2008 IP
  9. rohan_shenoy

    rohan_shenoy Active Member

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    #9
    As far as I know, copyright cannot protect names.
    Don't know what the trademark rules say though.
     
    rohan_shenoy, Jan 13, 2008 IP