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Domain Names Forum

    
Generic Domain Name
Big time company would like to seize it, claiming it's their trademark
thegreatpretender

10+ Year Member



 
Msg#: 4072511 posted 5:49 am on Feb 2, 2010 (gmt 0)

I bought a domain with ccTLD last March, the name is the same as the name of one of the most popular site today. Before I bought the domain, I looked at it on a dictionary and found it there. So I thought it's ok to have it because it's generic name.

I put some content on it very similar to theirs. In fact, I mistakenly put somewhere in the site that it was a localized version of the popular site. (I'm not serious about the content of the site, it was a free software that I installed on the server, just so the site won't be empty and will be placed on SE's.) Their reason for trademark infringement.

The popular site asked me to shut down the site, and offering me a $2000 reimbursement for "holding and maintaining the domain). I agreed, we are now on the process of transferring the domain to them.

But now I really wonder if the amount is fair, considering the domain is a generic name and the company that wants to acquire it is one of the most popular site in the world today?

 

dailypress

WebmasterWorld Senior Member 5+ Year Member



 
Msg#: 4072511 posted 6:35 am on Feb 2, 2010 (gmt 0)

its more than what you paid for. so "take it, & go" as Russell Peters says. :)

the fact that they are being kind enough to offer you any money shows that youre in luck!

piatkow

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



 
Msg#: 4072511 posted 10:43 am on Feb 2, 2010 (gmt 0)


In fact, I mistakenly put somewhere in the site that it was a localized version of the popular site.

That could have got heavy about that, take the money and run.

kaled

WebmasterWorld Senior Member kaled us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4072511 posted 11:03 am on Feb 2, 2010 (gmt 0)

I mistakenly put somewhere in the site that it was a localized version...

Mistakenly is is right because that's certainly not something that could occur accidentally.

1) Trademarks do enter the dictionary, e.g. hoover.
2) If you misrepresent your site as being in some way affiliated to a site with a similar domain name, you will rightly be in trouble.

You got lucky that they offered you cash - I imagine they new how much it would cost to take the domain name by force and you're getting a fraction of that figure.

Kaled.

buckworks

WebmasterWorld Administrator buckworks us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4072511 posted 1:55 pm on Feb 2, 2010 (gmt 0)

I put some content on it very similar to theirs ... put somewhere in the site that it was a localized version


Then you were not making fair use of a generic domain name, you were playing copycat, deceiving users, and creating confusion for their business identity.

Was that malicious on your part, or merely stupid?

You are extremely lucky that they didn't just decide to sue and throw the book at you.

thegreatpretender

10+ Year Member



 
Msg#: 4072511 posted 2:58 pm on Feb 2, 2010 (gmt 0)

^^ It was a stupid move. And I realized now that their offer is more than fair.

But what if I didn't put anything on the domain and they are indeed interested on it so they can use it to localize their site, Am I rich now?

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