Could I lose my domain name?

[Ricko12]

I make up domain names, through seeing or hearing a word or words, or an expression, or a sound, or a feeling and play around with characters before coming up with the domain name.
I will also often play around with characters from a company/brand that already exists and/or make small changes to come up with a name. After registering the name, I put the name up for sale, as selling domain names is my only purpose in creating them.

Usually, I run the name I have come up with through TESS for trademarks (all 3 search modules) and then do a G search too, to see what comes up, as well as typing the name in the browser address bar (which is usually the first thing I do). I then register the name if no trademarks or search results show anyone might have a claim to it.

Recently, I made a up a domain name with two words, one a very common word everyone would know and the second word that I made up, as it sounded good/interesting. I put the two word domain name through TESS and also searched on G and all was clear. So I registered it.

The other day, I got to thinking about the 2nd word, which I had made up (in my mind) and I decided to see if it was a domain name and/or had a trademark. I found that it was a domain name and also, a live trademark, with a company currently trading with this word as its name.

My domain name is for a different market than the one the trademark is operating in, as would be obvious to anyone who saw my domain name.
My domain could not be used in a different area, again, owing to the first word.

My question is whether the company that owns the trademark would have a claim to the domain name I registered.

[Webwork]

First, as you are a newcomer to WebmasterWorld, let me say Welcome to WebmasterWorld!

Now, down to business.

Why didn't you research the "made up word", by itself, before appending it to the other word? That, to me, would be a 1st step I would take if I chose to operate in the domain space that you have chosen.

Whatever you spent - $10, $15, whatever - is it really worth your time to investigate further, now that you are aware of the trademark entanglement? My strictly business advice is to delete the domain and more on.

Legal opinions, without a full disclosure of all details, are not reliable - especially when the legal opions are expressed by non-lawyers. I've practiced law for 30+ years and I wouldn't offer an opinion. Furthermore, a well qualified opinion would likely cost 100Xs what you are likely to gain, by reselling the domain, given the presence of the trademark issue. Who would buy it or pay your premium given the potential for loss or litigation.

Stick to business. Hire lawyers for legal advice. Research "made up words" before blending those words into your speculative domain registrations. Dump the domain and use your free time to think of more creations . . that you will research before acting . . every time.

Lastly, in reference to "doing research first", you might want to read this - the domain forum's charter - [webmasterworld.com ] - which has a bit more to say about posting questions relating to trademark issues.

[Ricko12]

"Why didn't you research the "made up word", by itself, before appending it to the other word?"

I suppose this was due to a moment of inattentiveness. I think its easy to be critical when looking at something clinically, but when you are in the moment of something, you may not do exactly what you would want to. .
I usually do do what is needed, as I already expressed. Humans are not machines. Scolding is not necessary and we are all adults and not children at school.

I am unable to delete or "dump" the domain name until the expiry date next year, something you would be aware of.

[Yolo1985]

I am not a legal expert, but I can provide some general information that might help guide you. It's important to consult with a legal professional for a definitive answer to your specific situation.

In terms of domain names and trademarks, the ownership of a trademark can potentially give the trademark holder certain rights and protections. Trademarks are generally associated with specific goods or services within a particular market.

If the domain name you registered is similar or identical to the trademarked name, there is a possibility that the trademark holder could make a claim against your domain name. Factors such as the similarity of the names, the goods or services associated with each, and the potential for consumer confusion are often considered in such cases.

Even if your domain name is intended for a different market or industry, if it could potentially cause confusion or dilute the distinctiveness of the trademark, the trademark holder might have grounds to challenge your registration.

To better understand your specific situation, it is advisable to consult with an intellectual property attorney or legal professional. They can provide personalized guidance based on the specific details of your domain name, the trademark in question, and the relevant laws in your jurisdiction.

Cheers,<snip>

[edited by: engine at 10:01 am (utc) on Jul 10, 2023]
[edit reason] Please see Charter and WebmasterWorld TOS [/edit]

[Ricko12]

Thank you Yolo1985.

[tangor]

My question is whether the company that owns the trademark would have a claim to the domain name I registered.

Short answer: Yes.

Will they? That's a different question.

[Webwork]

Ricko, I don't know what registrar or GUI you are working with but I DO HAVE the ability to delete / cancel an existing domain registration BEFORE the domain's expiration date. You might want to dig deeper into your registrar's GUI or ask their support staff for assistance.

Scolding isn't a modus operandi I employ, even when dealing with children. I raised the question since your post, which I've now re-read x2, suggests - if not confirms - that your practice was to search the entire/undivided portmanteau.

[csdude55]

My question is whether the company that owns the trademark would have a claim to the domain name I registered.

This is somewhat debatable, in my opinion. Depending on what that first word is.

For example, if I buy facebooksucks.com and build a site complaining about Facebook, I don't think they would have a legal claim to the domain. A real-world example would be the once-popular peopleofwalmart.com.

I wouldn't spend much time or money investing in the development of the site without talking to an attorney first, but I wouldn't worry about them complaining about the mere purchase of the domain.

I'm not an attorney, though, so I guess take that with a grain of salt.