Selling a Trademarked Domain to the TM Owner

Discussion in 'Legal Issues' started by Sleepy_Sentry, Feb 28, 2007.

  1. #1
    Without realizing it was trademarked, I registered fortunecity.info yesterday.

    Though it has many possible uses, there is a web hosting company called fortunecity.com that owns the trademark "fortunecity.com".

    I was thinking about selling the name in the forums here, but then realized fortunecity.com might want it and pay me more.

    Do you think fortunecity.com would be interested in my name? How would I go about contacting them so I don't get sued for cybersquatting? Could they sue me?

    In addition, do you think fortunecity.info even falls under the trademark since the trademark is for fortunecity.com? Here is a link to the trademark.
     
    Sleepy_Sentry, Feb 28, 2007 IP
  2. humanedited

    humanedited Peon

    Messages:
    747
    Likes Received:
    21
    Best Answers:
    0
    Trophy Points:
    0
    #2
    I'm definitely not a trademark lawyer but I was under the impression that if it's trademarked, you don't really have much of an option other than selling it for cost. I'd like to hear from someone with experience to clarify because a friend of mine is getting "threatening" letters for registering a trademarked .ca

    edit-- I didn't notice that .com is part of their trademark. I would think that should put you in the clear but again, don't take my word.
     
    humanedited, Feb 28, 2007 IP
  3. exponent

    exponent Peon

    Messages:
    1,243
    Likes Received:
    60
    Best Answers:
    0
    Trophy Points:
    0
    #3
    They'll just sue you or have your registrar seize it. I owned GoogleCalendar.com ... arguably a six figure domain and I received a mind numbing $35 and Google agreeing not to sue my college-boy arse for everything. If they dont defend a mark, they risk it being nullified. If you offered to sell them the domain and tried to exact a profit from it, they would most likely take it away and leave you with nothing.
     
    exponent, Feb 28, 2007 IP
  4. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #4
    Yes. Don't. Yes.

    And the extension doesn't matter as long as the terms are there and you are
    possibly infringing the trademark in question. Up to you to decide what to do.

    Humanedited, your friend is better off asking a licensed experienced attorney
    rather than non-lawyers with similar experiences but little to no training how
    to handle these matters. One I can suggest (and get nothing out of it) is Zak
    Muscovitch
    .
     
    Dave Zan, Feb 28, 2007 IP
    humanedited likes this.
  5. lkj

    lkj Peon

    Messages:
    729
    Likes Received:
    17
    Best Answers:
    0
    Trophy Points:
    0
    #5
    I don't think they can sue you because you own a different name. blahblah.com trademark wont mean that they own blahblah.XXX
     
    lkj, Feb 28, 2007 IP
  6. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #6
    Please read my post above. I said the extension doesn't matter as long as the
    terms are there, and if it's indeed infringing that trademark.

    If you don't believe that, then do your independent research. What you think
    doesn't mean squat if the law says otherwise.
     
    Dave Zan, Feb 28, 2007 IP
  7. humanedited

    humanedited Peon

    Messages:
    747
    Likes Received:
    21
    Best Answers:
    0
    Trophy Points:
    0
    #7
    Thanks for the recommendation. I'll pass the info on to my friend
     
    humanedited, Mar 1, 2007 IP
  8. smileydog

    smileydog Peon

    Messages:
    68
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #8
    the whole point the law was changed was to stop people from holding registered companies hostage for the domain names. extensions won't matter. see what happens if you try to register cocacola.mobi. or whatever.
     
    smileydog, Mar 1, 2007 IP
  9. infonote

    infonote Well-Known Member

    Messages:
    4,032
    Likes Received:
    68
    Best Answers:
    0
    Trophy Points:
    160
    #9
    If you are holding a trademarked domain, you have to hand it to them for free. Unless you negotiate otherwise with the owner.
     
    infonote, Mar 1, 2007 IP