trademark questions in regards to a domain name

Discussion in 'Legal Issues' started by promo, Jun 12, 2006.

  1. #1
    Hi I am looking for a bit of advice here..

    I recently purchased bearcom.net which was expiring. I just saw it on the days list and it had a decent OVT score so I grabbed it.

    Now in the clear light of day I am thinking this might be considered a trademark violation. I did a search in http://www.uspto.gov/ but couldent find anything on bearcom..

    I am thinking I just want to offload it to the company. Dont want to charge an arm and a leg, but wanted to know if I could get in trouble by just contacting them and asking if they wanted to take it of my hands..

    Any advice is appreciated..
     
    promo, Jun 12, 2006 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    bearcom is a Federally Registered trademark (2078714) however, a name is a trademark when it is first used. Just because someone has not filed for a trademark doesn't mean they don't own the rights to the name, for their particular usage. A Federal Registration gives added protection for several reasons, including:

    It establishes the usage date in stone.
    It allows them to seek treble legal fees in a dispute.
    After about six years, their usage becomes uncontestable.
    It helps prevent infringement problems as many people check the uspto, unaware that they need to do a complete search for prior usage.

    You could contact the company, however, it alerts them to monitor the domain and they also know they could take the domain if the content ever infringed upon their trademark.

    Now you could put content on the site that is not related in any way to their trademark usage (like an info site on bears, etc.) and see if they would be interested in buying the domain just to have - but keep in mind that they know the domain can never be used to compete with them so its value to them will likely be limited.
     
    mjewel, Jun 12, 2006 IP
  3. promo

    promo Well-Known Member

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    #3
    Hmm sounds bad..

    I really just want to unload it to them and not bother.. What you think theyd say to me coming with hands down and saying they could have it for reg price or close to it?
     
    promo, Jun 12, 2006 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    Owning the domain, without any content on it, isn't likely to be infringement as they do not have broad tradename protection (filings in many or all classifications, like IBM).

    If you aren't looking for a large sum, I don't think it could hurt to offer it to them - making sure you aren't implying you are going to use the name that would infringe upon their usage. I would ask for more than reg fee, but its up to you. They either want the name or not, and I don't think a few hundred dollars is going to matter to them. JMO.
     
    mjewel, Jun 12, 2006 IP
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  5. promo

    promo Well-Known Member

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    #5
    Well I must admit that was the answer I was looking for :)

    Thanks for your advice mjewel.. A little green from me!
     
    promo, Jun 12, 2006 IP