What to do?

followyourbliss · 10-11-2007, 10:24 PM

Hi folks,

When I first started buying domains, I didn't know what I was doing. Hmmm....probably still don't, but lets just say I have more incite now than I did then. Anyway, I bought a .cc domain that I'd like to sell, because I'm pretty sure there's going to be trademark issues, though I'm not positive. An online appraiser has rated it a premium domain. Without blurting the domain all over the internet, let me just say its for a major US Airline.

I see there's alot of information online about trademarks, but its overwhelming and I don't have time to read it all. Anybody willing to give me some general direction or opinions of my situation? Should I just not renew it or what? Or do I have a chance of selling it? Not to worry; I've learned my lesson and won't be intentionally buying TM names ever again....

Thanks in advance.

Tanya

SageMother · 10-11-2007, 10:45 PM

Quote:

Originally Posted by followyourbliss

Hi folks,

When I first started buying domains, I didn't know what I was doing. Hmmm....probably still don't, but lets just say I have more incite now than I did then. Anyway, I bought a .cc domain that I'd like to sell, because I'm pretty sure there's going to be trademark issues, though I'm not positive. An online appraiser has rated it a premium domain. Without blurting the domain all over the internet, let me just say its for a major US Airline.

I see there's alot of information online about trademarks, but its overwhelming and I don't have time to read it all. Anybody willing to give me some general direction or opinions of my situation? Should I just not renew it or what? Or do I have a chance of selling it? Not to worry; I've learned my lesson and won't be intentionally buying TM names ever again....

Thanks in advance.

Tanya

This sounds like a job for an attorney. These matters can be quite complex and little details can sink you in more ways than one!

berlinlife06 · 10-12-2007, 06:17 PM

I think you better get the time to read everything there is around about the subject, or go directly to a lawyer who knows about it... and pay the consultation. If it is trademark, you should see how will affect you. Good luck. Who knows? Maybe you can sell it after all.

zach · 10-12-2007, 09:01 PM

OK Tanya, I'll try to explain it to you very breifly.

First of all, you should read all that long blah blah that there is about trademark domains! If you estimate that your domain may be worth a lot, then you would be investing your time into that monetary figure..

So on to the nitty gritty.

Domains that contain trademarks may be 'challanged' by the trademark owner in specialised courts, called arbitration centres. These arbitration centres operate on a set critera which have been derived by ICANN. Under this critera, a domain may be transfered if:

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

What is bad faith?

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

Those rules are outlined in the Uniform Dispute Resolution Policy, or UDRP.

That is just about all you need to know about trademarks and domains. Those are the conditions in which a domain name may be transfered away from you (confiscated) and transfered to a trademark holder.

In your particular case, you should be aware that your registration could be challanged on at least two points. Firstly, it could be considered you registerded a domain that the airline company owns the trademark to. Secondly, it may be considered that you registered it in bad faith (either to stop the company from owning the name, or in order to sell it back to them).

If youre domain is AirlineName.CN, and it is challanged, then you would probably lose and the domain will be transfered to the airline.

Zach

tater03 · 10-12-2007, 09:10 PM

That is some very good information you gave zach. I would have to agree that more than likely they are going to say that you did this in bad faith. I would definently talk to a lawyer before you do anything with it just in case.

SageMother · 10-13-2007, 06:29 PM

Wow!

I am impressed with the information. I guess it is best to simply avoid anything close to an existing trade name, within reason, to be safe.

followyourbliss · 10-13-2007, 08:01 PM

Thanks to Everyone and especially Zach for his mini-workshop (TM101)

Zach, you've told me everything I need to know. I was an innocent/ignorant cybersquatter when I bought this domain. It was very early on in my domain interest, and I thought "snagging" these names was the object of the game. Thought I could make some money. Thankfully, I didn't try to sell or develop it. Trying to call the airline so I can GIVE it to them, and if they don't respond, I'll just not renew it. Doesn't that sound like a safe idea? There's no doubt in my mind that I'd lose the TM argument, hands down.

Enjoy the weekend,
Tanya

tater03 · 10-13-2007, 10:30 PM

I think that is a great idea. Calling the airlines and asking is the right thing to do if you ask me. Better to be safe than sorry.

DavidJames · 10-14-2007, 12:50 AM

Quote:

Originally Posted by followyourbliss

Thanks to Everyone and especially Zach for his mini-workshop (TM101)

Zach, you've told me everything I need to know. I was an innocent/ignorant cybersquatter when I bought this domain. It was very early on in my domain interest, and I thought "snagging" these names was the object of the game. Thought I could make some money. Thankfully, I didn't try to sell or develop it. Trying to call the airline so I can GIVE it to them, and if they don't respond, I'll just not renew it. Doesn't that sound like a safe idea? There's no doubt in my mind that I'd lose the TM argument, hands down.

Enjoy the weekend,
Tanya

Keep us updated on what was said and done regarding your conversation with them. I'm interested to hear your results...

Hurgoll · 10-14-2007, 11:45 AM

I wouldn't bother calling them, you just might trigger a law suit. I would just do nothing with the site and let it expire. If contacted tell them it was a mistake and you will transfer it to them for the cost of the transfer. I am sure they will not even care you have that name if you do nothing to it and do not plan on renewing it.