Welcome to WebmasterWorld Guest from 54.147.158.215

Forum Moderators: buckworks & webwork

Message Too Old, No Replies

Generic Domain Name

Big time company would like to seize it, claiming it's their trademark

     
5:49 am on Feb 2, 2010 (gmt 0)

Preferred Member

10+ Year Member

joined:Nov 12, 2004
posts:550
votes: 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?
6:35 am on Feb 2, 2010 (gmt 0)

Senior Member

WebmasterWorld Senior Member 5+ Year Member

joined:Nov 3, 2006
posts:1358
votes: 1


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!
10:43 am on Feb 2, 2010 (gmt 0)

Senior Member from GB 

WebmasterWorld Senior Member piatkow is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month

joined:Apr 5, 2006
posts:3335
votes: 24



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.
11:03 am on Feb 2, 2010 (gmt 0)

Senior Member

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

joined:Mar 2, 2003
posts:3710
votes: 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.
1:55 pm on Feb 2, 2010 (gmt 0)

Moderator This Forum

WebmasterWorld Administrator buckworks is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month

joined:Dec 9, 2001
posts:5652
votes: 57


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.
2:58 pm on Feb 2, 2010 (gmt 0)

Preferred Member

10+ Year Member

joined:Nov 12, 2004
posts:550
votes: 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?
 

Join The Conversation

Moderators and Top Contributors

Hot Threads This Week

Featured Threads

Free SEO Tools

Hire Expert Members