Question Regarding Trademark of Domain

I have a purchase opportunity

[vegasrick]

Long story short, a domain flipper has presented me with a very lucrative opportunity to purchase a high end domain name.

It's a short two word domain, but I'm worried about a possible legal issue.

Can someone trademark a generic term?

The issue here, is there is a long-standing magazine (which has a website) and the name of the magazine matches the two word domain being presented.

But the term is generic and used in every day sports chatter.

For example, if there was a "Baseball News" magazine out there and I bought baseballnews.com - and started reporting about baseball - can the magazine legally go after me to seize the domain? (maybe claim affiliation confusion).

The domain wont be cheap, I dont want to spend a small fortune and invest time in building the brand - if someone can come along and snatch it away.

I plan to speak to a lawyer, but figured someone here may have experience on either side of the coin of this situation.

[keyplyr]

Can someone trademark a generic term?

Yes, I have several.

A mark is registered for specific usage. Use other than what the registration describes, is not included.

Do some reading at the USPTO [uspto.gov]

You can do all this yourself, without an attorney, just be informed.

[fix typo]

[edited by: keyplyr at 9:09 am (utc) on Aug 25, 2018]

[vegasrick]

They don't have one registered in the United States. They may have one in the UK, but not 100% sure.

[Dimitri]

Personally, (but I am coward), I would not take a domain name which is close to someone else business (on line or off line).

- One day, this business can complain that you are using their name, or a name close to their. Even if you can legally use the name, do you want to goes to court, or have to argue endless with attorneys?

- Having a name similar to another business can cause a misleading / confusion by users / clients / visitors, ... I bet that some people believe the Amazonian river is sponsored by Amazon.com

Things like that...

Just saying it's potential problems in the future...

Even if someone doesn't own a trademark, they can still argue, one day, that the use of a name / word close their business 's name is infringing their Intellectual property. This is longer and harded to defend, than if a trademark is registered, but still possible.

[tangor]

ICANN and others have long sided with businesses and "marks" in use ... you may be being offered a pig in a poke ... the current holder may be being threatened with action and simply wants to sell it off as quickly as possible to avoid taking a loss.

THAT SAID, we are not lawyers and we can't give legal advise.

On something that is that similar to an existing business you'd best seek an attorney's help.