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Domain Names Forum

    
Is my domain name a trademark infringement
domain trademark infringement
chichi

5+ Year Member



 
Msg#: 3014644 posted 4:02 pm on Jul 19, 2006 (gmt 0)

I recently purchased a domain name for a product which is still in test marketing by a major corporation. It is the exact name of the product and it is a .com, the product is scheduled to be released in fall of 06.

2 questions:
1. does the company own the rights to that name
2. how much could a name like that be be sold for

 

jtara

WebmasterWorld Senior Member jtara us a WebmasterWorld Top Contributor of All Time 5+ Year Member



 
Msg#: 3014644 posted 4:12 pm on Jul 19, 2006 (gmt 0)

Does the company have a trademark on the name? It's easy enough to look-up - at least for the U.S. - at the U.S. Patent & Trademark Office's website.

If so, you need to understand that the .com doesn't make your name unique for trademark purposes.

It all depends on when you registered the name, what you have done with the website, and what you intend to do with the website.

But I think you have zero chance of using this site in any way related to the product or a similar product without the company coming down on you hard.

In that case, it's not how much the domain is WORTH that you should be concerned with. It's how much it's going to COST you.

I'll beat webwork to the punch and suggest that you contact a good trademark attorney with domain name experience.

chichi

5+ Year Member



 
Msg#: 3014644 posted 4:33 pm on Jul 19, 2006 (gmt 0)

"It all depends on when you registered the name, what you have done with the website, and what you intend to do with the website."

It is just a parked page, with no intention of creating a site related to the product.

inbound

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 3014644 posted 5:00 pm on Jul 19, 2006 (gmt 0)

You clearly demonstrate 'bad faith'. You have no legitimate claim to the name, other than trying to sell it on for a profit.

You will be lucky not to get sued in addition to losing the name.

Think about it this way, if you developed a product and went to register the domain only to find someone trying to sell it to you because they knew you would want it at some stage, how would you feel? Big companies will no get upset, they will just set their lawyers on you.

You are merely being opportunistic, the whole reason why the domain industry has/had a bad name.

Do the right thing and hand the name over as soon as they ask (if not before), for no mark-up.

OptiRex



 
Msg#: 3014644 posted 9:02 pm on Jul 19, 2006 (gmt 0)

Think about it this way, if you developed a product and went to register the domain only to find someone trying to sell it to you because they knew you would want it at some stage, how would you feel?

Personally a damned fool for not having registered it before anyone else!

I find it amazing that the company had not registered it before even commencing test marketing if they were considering a site for it.

You will be lucky not to get sued in addition to losing the name.

Not if the site is developed for another product or use. There are many instance of so-called trademarked names used for different products.

I had a business trading name that a major drinks company wanted for a new product they had trademarked.

They paid, they paid a lot to get that name, there were no arguments from their side.

John Carpenter

5+ Year Member



 
Msg#: 3014644 posted 9:07 am on Jul 20, 2006 (gmt 0)

It is just a parked page, with no intention of creating a site related to the product.

You are (rightfully) going to lose the name without any compensation. All they need to do is initiate the Domain Name Dispute Resolution process. What you do is generally considered as cyber squatting.

OptiRex



 
Msg#: 3014644 posted 4:50 pm on Jul 20, 2006 (gmt 0)

You are (rightfully) going to lose the name without any compensation.

Not necessarily so unless you are the arbitrator.

All they need to do is initiate the Domain Name Dispute Resolution process.

Not a guaranteed success. Just because one shouts loudly does not mean one is being heard the most.

What you do is generally considered as cyber squatting.

Not if it is developed as an altogether different site.

Are the .net/org/biz/info/us/eu still available?

Have they registered any of those?

If not then they would definitely be on thin ice since they're not even trying to protect their intended trademark.

If this is a made-up name and they did nothing about registering a USD 10 name prior to their test launch then the arbitrators rightfully might look at them very sceptically.

John Carpenter

5+ Year Member



 
Msg#: 3014644 posted 9:31 pm on Jul 20, 2006 (gmt 0)

Recommended reading for you trademark cybersquatters: WIPO UDRP domain name decisions:

[arbiter.wipo.int...]

stu2

5+ Year Member



 
Msg#: 3014644 posted 1:26 am on Jul 23, 2006 (gmt 0)

I mostly side with OptiRex remarks here. But if chichi bought the domain knowing of the impending product launch with the intention of selling it to the company later for a profit. Bad faith. They'll lose the domain in any UDRP case. Also, having a parking page with ads is a bad thing. It also demonstrates an intention to make money off the domain name, and assuming it's a trademarked name, bath faith. You'll lose. If however, for example, it's a name of a new drug, and chichi has a site about motorcycles, with no bad faith intentions. Then chichi *might* have a chance. But from the facts we know, it looks like bad faith already.

I'm not a lawyer, don't take any of my advice accept to consult a lawyer knowledgeable in trademark and domain law.

wmuser

WebmasterWorld Senior Member 5+ Year Member



 
Msg#: 3014644 posted 8:50 pm on Jul 23, 2006 (gmt 0)

If they have already trademarked that name then yes if net then you have a good chances to keep the name but you cant offer that product on your website

OptiRex



 
Msg#: 3014644 posted 2:03 am on Jul 24, 2006 (gmt 0)

What I still do not comprehend is why the company is so naive about domain names registration!

Do they believe, if push were to come to shove, that they could bulldozer their "rights"?

It's a very strange way to run a business when a trading name can be so valuable.

jtara

WebmasterWorld Senior Member jtara us a WebmasterWorld Top Contributor of All Time 5+ Year Member



 
Msg#: 3014644 posted 3:30 pm on Jul 24, 2006 (gmt 0)

Do they believe, if push were to come to shove, that they could bulldozer their "rights"?

They ARE rights. No quotes around it. So, they don't need a bulldozer.

toomer

5+ Year Member



 
Msg#: 3014644 posted 5:34 am on Jul 25, 2006 (gmt 0)

Given the date that Chichi joined the forums, I'd say he registered a domain name that utilizes the trademark of a certain "iPod killer" that has been recently discussed on the web.

If that is the case, IMO he will lose in a UDRP case hands down - unless he crafts the site into something radically different. Even then, the fact (this is assuming my assumption is correct) that he registered the name *after* the product name was leaked out on the web ... won't bode well for him.

cowest

5+ Year Member



 
Msg#: 3014644 posted 5:49 am on Jul 25, 2006 (gmt 0)

recently got a cease and desist, the domain was for widgetsafetyequipment.com, which i took as being really, really generic. the company that sent the letter had trademarked "widgetsafety" (one word) some years back. a quick search by me found about twenty registered sites and numerous companies on the subject matter. is it a matter of fear of getting stomped on by these larger companies that prevent most from fighting back (guess i answered my own question).

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