About Trade Mark domains

Yes. You can also be sued.

Yes, in a very simplistic view. But there are lots of steps and factors in-between. Regardless of those, offering to sell a TM domain to the TM holder is never a good idea, unless you are essentially giving it to them for a nominal fee. Sometimes companies will opt to pay you for a couple reasons, but I'm talking less than $100. I have had that happen on two occasions where I got a TM domain in a package deal and the TM holder "bought" them. But there is no guarantee and I think it largely depends on you professionalism and manner in which you approach them, as well as their policy on infringement.

Shane Bellone said:

Yes. You can also be sued.

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Even while I'm not using the domain (for build a website)?

Mohammad said:

Even while I'm not using the domain (for build a website)?

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Yes.

nice one @cocaseco

One question,
How abt i bought a .net domain, that has about 5 different trademark for that particular word, moreover all other extension are taken by different people (some wit privacy). Do you think it is right to buy such domain? Moreover the reg data is older than the .com
Also will it increase the value of the domain?

What advice will you give?

Anyone who has an answer can also contribute.
Thanks

@Shane Bellone When someone can sued/claim the domain . When you are running a website on that name or just having a domain name similar to their trademark,

Shams said:

@Shane Bellone When someone can sued/claim the domain . When you are running a website on that name or just having a domain name similar to their trademark,

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I'm not a lawyer but from what I understand if you own a domain that is an infringement and is confusing to the average person (competing in same industry, promoting a competitors products, etc.) you can be sued and have the domain taken. I don't think many people actually get sued though.

Shane Bellone said:

I'm not a lawyer but from what I understand if you own a domain that is an infringement and is confusing to the average person (competing in same industry, promoting a competitors products, etc.) you can be sued and have the domain taken. I don't think many people actually get sued though.

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I'm not selling anything on that domain name. i just own that domain for sale.

Shams said:

I'm not selling anything on that domain name. i just own that domain for sale.

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That's still infringement.

Shane Bellone said:

That's still infringement.

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Shane Bellone said:

That's still infringement.

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Thanks, Just one more question. in case someone file the dispute. in which country court they will follow up that case. since everyone isn't from US.

Shams said:

Thanks, Just one more question. in case someone file the dispute. in which country court they will follow up that case. since everyone isn't from US.

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No idea. Sorry. Someone else should be able to jump in.

Shane Bellone said:

No idea. Sorry. Someone else should be able to jump in.

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What's the best way to check for TM domains? Any list of tools etc would be much appreciated as I think I have some .co's which might give me trouble. Thanks in advance.

I don't have Esquire after my name, however, I can shed some light on the issue.

A clearcut TM violation would be along the lines of having
DeltaAirlines.net.

However,
If you have Delta.net, according to TM law you are not infringing upon their mark, so long as it is not being used in relation to their company/industry.


Generic domains are safe, however you may have to go to great lengths to save the domain if an overreaching TM holder attempts to enforce a false claim of right and reverse hijack a generic domain such as delta.net.

Muhammad Atif Qazi said:

What's the best way to check for TM domains? Any list of tools etc would be much appreciated as I think I have some .co's which might give me trouble. Thanks in advance.

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http://www.trademarkia.com/

Compassion said:

Generic domains are safe

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I happen to have repurposed.co & luxuryhouse.co. They both have .coms which are running as a online business. Would that be a problem?

Muhammad Atif Qazi said:

I happen to have repurposed.co & luxuryhouse.co. They both have .coms which are running as a online business. Would that be a problem?

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You are fine so long as you there is nothing on your webpages that could be "confusing" or "infringing" on the material on the .coms.

Don't park them because ads may pop up from the .com holder, which would give them grounds to attempt to take the domains.

Again, I'm no Esquire, however, I have spent over 200 hours learning all about this subject during the past few weeks.

Compassion said:

You are fine so long as you there is nothing on your webpages that could be "confusing" or "infringing" on the material on the .coms.

Don't park them because ads may pop up from the .com holder, which would give them grounds to attempt to take the domains.

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Thanks a ton mate. I'll keep them until I get approached by a buyer or I may sell them later on to some of the people I know.

If it is an acronym you should be okay in most cases. For generic terms you still have to be careful to list the domain for sale. I had B O S S .black taken in UDRP only for having it listed on marketplaces.

headsupp said:

If it is an acronym you should be okay in most cases. For generic terms you still have to be careful to list the domain for sale. I had B O S S .black taken in UDRP only for having it listed on marketplaces.

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By the Nazi outfit Hugo Boss?

headsupp said:

I had B O S S .black taken in UDRP only for having it listed on marketplaces.

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I'll keep that in mind.