Since I couldn't find the website via Google right away, I entered cocacola.com (again this is only an example!) into my browser, and it turned out that they hadn't registered that name - they had only registered the version with a hyphen, coca-cola.com.
I just couldn't resist, so I registered the hyphen-less version myself. So without even thinking about it, I became a domain squatter...
Now I have a couple of questions!
I assume that the step of registering the domain name itself wasn't illegal - but if the company contacts me I'll have to hand over the name? What should I do until then? Or rather - what would you do? Try to make profits before it's all over? Redirect the domain to an affiliate program that sells similar products? :) Try to sell it on Ebay before anyone notices? Should I make up a story, say I registered the domain in good faith and that it actually stands for COpperCAseCOolingLAyers (CoCaCoLa)? Will the fact that I registered an American TLD (.com) although the branded product isn't sold in the States help me in any way?
Again, cocacola is only an example... :)
It's an exciting situation for me - any input would be appreciated!
Try to sell it on Ebay
I'd get rid of it and let someone else worry about it.
Will the fact that I registered an American TLD (.com)
I don't think there's anything specifically "American" about .com. They've got their own TLD (.us).
If the domain is generic you might get away with it because I don't think any company has the right to trademark a generic word.
Good luck.
Mack.
But if it's a generic keyword domain, I dont think you will have any problems.
Depends on how much hassle you want. You could try to sell it off, but if it's a brand name and the company caught wind of it then your time will most likely have been wasted.
Scott
I'd get rid of it and let someone else worry about it.
I think this is the route I would go, too. If it is a trademarked name (I would assume it is), you would have to hand it over to the company for free if you receive a cease and desist letter or end up on the receiving end of a lawsuit for trademark infringement. And if you use it for profit, you could also have to hand over all the money you have earned through the use of that domain name, if it does go to a lawsuit.
And if the company takes it to ICANN or WIPO, you would likely lose the domain name anyway.
If they ask you to hand over the domain name, it could get pretty messy and costly if you don't. And it would be pretty hard for you to prove the fact that you registered it in "good faith".
If it is a trademarked name, you might not want to put anything on the site that markets upon the domain name (ie. selling CocaCola or Pepsi). And also, many affiliate programs have rules governing the types of domain names you can use in programs - you might not be able to use buycocacola.com but you can use buypop.com. Many companies do this in order to protect their trademark, and prevent confusion with buycocacola.com being the official CocaCola website.
And dmorrison is right, .com isn't specifically an American TLD.
This is just my opinion, though. You could always take your chances and hope you don't get caught ;) Some companies don't seem to care about the mis-use of trademarks in domain names, while others are quite vigilant on it.
I don't think any company has the right to trademark a generic word.
You would be surprised at the number of seemingly generic words that have trademarks. But it comes down to context and how a trademarked word is used. "Widget" is a trademark, but obviously, the trademark holder isn't going to go after all uses of the word, just to those that would infringe on his trademark in relation to his own "widget" (ie. if someone created an extremely similar widget, and then also named his the "widget".)
I definatly wouldent try using affiliate programs. This could simply be setting your self up for a pit fall if the large company wants to sue you for profiting from their brand.
The legal situation after a sale might also be interesting... as far as I know, where I live, if you buy something, it belongs to you - period. It doesn't matter if the seller had the right to sell it (even if he stole it somewhere). Would be interesting to know what happens if the company asks a (potential) buyer to hand over the domain. If I were to guess, I would probably have to pay back the money paid for the domain.
And yes, it's a non-generic brand name, coca-cola is a pretty good example.
Also - never approach the company (you probably know this) and ask them if they would like to buy it. Then you've won the case for them.
What may happen is that they get wise and offer you a small lump of cash to quietly give it over.
I guess you're also advising me against using the trademark logo when selling the domain.
Definitely ;) And if you sell it on eBay, be careful ~ eBay will end auctions that infringe upon trademarks, if the trademark holder contacts them.
Guess it's just a matter of finding a middle road. If too many people know about it, chances are the company might hear about it as well. On the other hand, if I keep it a secret, I won't find a buyer either. I'm just very curious to see what happens - after all, that's what modern adventures look like in an internet world. ;) And hey, if the company contacts me about it I will follow your advice and give it to them without any fuss - it's not like it'S been a big investment for me.
The article commented that many are up for sale on eBay right now - ranging in price from $20 to $500,000, but that if you won any of the names, you likely couldn't use it.
"People cannot use logos or marks that are confusingly similar to or likely to be mistaken for registered Olympic domain names."
Here is a link to more detailed and legal info regarding the use of names associated with the Olympics. It is a PDF file!
www.winter2010.com/nr/winter2010/delete/TransitionlogoguidelinesJul31.pdf
If an online version of the article shows up tomorrow, I will post the link.
