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selling domains with trademark terms
why is this allowed?
smallcompany




msg:3808121
 8:35 pm on Dec 15, 2008 (gmt 0)

I wonder how is this regulated and about logic behind.

If someone has a domain name like "tm-online.com" - why they're allowed to list it on places like Sedo?

Wouldn't be logical that domain names get screened and refused on such listings, either for sale, parked domains, or whatever else that generates profit?

Just having "tm-online.com" and listing for $500 while "tm" is a trademark of other company is no sense for me.

Even if the owner of a domain sits somewhere in China, will registrar oblige request by owner to get the domain down, or however that works?

Thanks

P.S.
I refer to only those that have not been approved by the TM owner to have and/or use such domains.

 

Laker




msg:3808638
 3:54 pm on Dec 16, 2008 (gmt 0)

BTHOOM ! (Beats the hell out of me!)

I have seen actual famous-name TM domains in "major" auctions ... makes me wonder.

Caveat emptor is the only thing I can come up with. Nonetheless it does affect the way I view that "major auction site" for putting the name up without any notations.

kaled




msg:3808713
 5:40 pm on Dec 16, 2008 (gmt 0)

Wouldn't be logical that domain names get screened and refused

This would require effort by the auctioneers and the result of that effort would be lower revenue. Unless the auctioneers can be held liable, it makes no sense for them to perform checks.

Kaled.

smallcompany




msg:3808836
 8:32 pm on Dec 16, 2008 (gmt 0)

Yeah!

It's amazing how naive is the sound of T&Cs of those sites. Something like ...it's the owner's responsibility to ensure that there are no TMs within domain name... and ...we keep the right to take down domains from the list if they "whatever"... - meaning if legal team of a legal owner comes after us.

In other words, they're absolutely happy to let them go through until they get threatened or take to the court. Just one judge's call for the records of all TM related sales and how much those sites had benefited from them, and here is another thing that makes the news for one day and gets featured on WW's home page.

Why just not being proactive and have everybody's life easier right up front?

Just like Google AdWords maintains TMs in their system, those could have the list of the words that automatically get blocked. Such solutions are so cheap. That's just an hour of coding or so, and bit more of testing. $500 the most!

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