question Domain Trademark Question

J9 · Oct 8, 2015

Today I bought Moncada.net through Godaddy closeouts and found out that "MONCADA" is trademarked by Nielsen & Bainbridge, LLC. You can find more info here: http://www.trademarkia.com/moncada-76628533.html

Now here are the important points:

Moncada.net was reg. in 1998 and trademark was filed on 2005.
Moncada.com is developed site that has no relation with Nielsen & Bainbridge, LLC.
"Moncada" is taken in many other TLDs including ccTLDs.
Moncada can refer to a lot of places, you can find them here: https://en.wikipedia.org/wiki/Moncada

I bought it because I found that Moncada is a Municipality in Philippines. You can find more info here: https://en.wikipedia.org/wiki/Moncada,_Tarlac

Am I safe or not? and Why?

ChubbyDfat · Oct 8, 2015

A name (the same name) can be trademarked for many different reasons.
A general term like "movie" is trademarked by many different companies. Its when you infringe upon their trademark (the good or service that they offer) OR you attempt to make a site/business that is very similar to the point that it is confusing with the goal of making a profit.

If you use the domain name in a manner that is NOT confusing in anyway shape or form as to the trademark holder you should be just fine.

Please note that this ALSO INCLUDES contacting the trademark holder with an attempt to sell them this domain for a profit. Do NOT do that because again, you will be trying to make profit off of their registered trademark.

If you have something to build from it that has NOTHING to do with "picture frames and moulding" (as indicated on the TM) then you should be fine.

Just my thoughts from what I learned looking into this some time ago.

Cheers

J9 · Oct 8, 2015

ChubbyDfat said:
A name (the same name) can be trademarked for many different reasons.
A general term like "movie" is trademarked by many different companies. Its when you infringe upon their trademark (the good or service that they offer) OR you attempt to make a site/business that is very similar to the point that it is confusing with the goal of making a profit.

If you use the domain name in a manner that is NOT confusing in anyway shape or form as to the trademark holder you should be just fine.

Please note that this ALSO INCLUDES contacting the trademark holder with an attempt to sell them this domain for a profit. Do NOT do that because again, you will be trying to make profit off of their registered trademark.

If you have something to build from it that has NOTHING to do with "picture frames and moulding" (as indicated on the TM) then you should be fine.

Just my thoughts from what I learned looking into this some time ago.

Cheers

I know the points you mentioned. I bought it just because it is a name of a place. Also I have no intention to try to sell to the owner of trademark. Thanks for your input.

SHAHENAZ SHAFI SHAIKH · Oct 8, 2015

I believe you keep silence till no one approaches you for trade mark. If trade mark owner feels to see of any business loss or parallel competition due to keyword, he will either approach you to buy the same or handover through legal way. Be Cool and Happy, let that stage come and don't showcase just to wake up trade mark owner. All the Best.

DNGear · Oct 8, 2015

Jitesh Prasad said:
I know the points you mentioned. I bought it just because it is a name of a place. Also I have no intention to try to sell to the owner of trademark. Thanks for your input.

Please dont park your domain.

J9 · Oct 8, 2015

OK. Thanks for your input friends. Another question: Moncada is name of place. Can the owner file a complaint and win against me? Because when "Moncada.net" was reg. in 1998 it was reg. thinking of "Moncada" municipality in Philippines not "Moncada" company which will be launched in 2005. Isn't it?

Blueforever · Oct 8, 2015

swetha yenugula said:
Please dont park your domain.

What's wrong if the domain is parked?

J9 · Oct 9, 2015

Ram corbin said:
What's wrong if the domain is parked?

Parking a trademarked domain can lead to serious problems. Let's say the advertisements in parked page started showing ads related to the company which is trademarked. The trademark owner can file case stating that the domain owner is profiting using his company's name.

Blueforever · Oct 9, 2015

Jitesh Prasad said:
Parking a trademarked domain can lead to serious problems. Let's say the advertisements in parked page started showing ads related to the company which is trademarked. The trademark owner can file case stating that the domain owner is profiting using his company's name.

Ok so if I park 'aa.world' or 'FB.world' via domainnamesales with a for sale banner.
And it advertises American Airlines, or facebook
(Aa.com and FB.com are trademarked) etc which I have no control over.
Can I receive a udrp, and would I be forced to hand it over? Aa could stand for 'All alien.world' etc

J9 · Oct 9, 2015

Ram corbin said:
Ok so if I park 'aa.world' or 'FB.world' via domainnamesales with a for sale banner.
And it advertises American Airlines, or facebook
(Aa.com and FB.com are trademarked) etc which I have no control over.
Can I receive a udrp, and would I be forced to hand it over? Aa could stand for 'All alien.world' etc

I am not a law expert. But because it can show advertisements related to company which is trademarked, it will be better if you do not park them.

ChubbyDfat · Oct 9, 2015

Ram corbin said:
Ok so if I park 'aa.world' or 'FB.world' via domainnamesales with a for sale banner.
And it advertises American Airlines, or facebook
(Aa.com and FB.com are trademarked) etc which I have no control over.
Can I receive a udrp, and would I be forced to hand it over? Aa could stand for 'All alien.world' etc

Yes, AA or FB *COULD* stand for anything that you want it to stand for... but in order to PROVE that you are not trying to infringe on the trademark and their intellectual property, you must actually, physically make it stand for something else (in other words, put a site on it, even if its just a landing page).

By parking it and having advertisements placed on it, you open yourself up to many problems.
You have no control over what is advertised on it, so in theory it is very likely that you may have an *American Airlines* or *Face Book* ad show up on your sites.

You also open yourself up because another company can simply state that you are not utilizing the domain at all and therefore the domain should go to them since they have an claim on the trademark letters.
Strong case against you because you show no real use of the domain and probably do not have the legal team to represent you.

Its easy and free to do a TM search. If you are in doubt... just put a landing page on it and make sure it does not infringe on anyone's TM.

Parking is not a great idea if you have concerns on TMs.

Just thoughts. I hope that makes sense.

Cheers

J9 · Oct 9, 2015

Jitesh Prasad said:
OK. Thanks for your input friends. Another question: Moncada is name of place. Can the owner file a complaint and win against me? Because when "Moncada.net" was reg. in 1998 it was reg. thinking of "Moncada" municipality in Philippines not "Moncada" company which will be launched in 2005. Isn't it?

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