Approaching companies with TM similar to domain

[jasdon11]

Is there any legal wording which would give some protection in this scenario?

I have a 10 year old domain which I want to approach potential buyers with - say the domain is (it isn't, this is just an example) qualitybeer.com - there may be multiple TMs out the for things like 'american quality beer' and 'bobs quality beer'.

If I approached these companies, is there any legal terminology I can use in my approach which would afford me some protection against getting any future action from them? I know trying to sell a name that a TM holder construes as infringing can be seen by some as bad faith. I don't see it in this case as their doesn't appear to be a TM solely for the words in my domain, but you never know ho someone will take it.

Also, what would it cost to get a TM for (example) 'qualitybeer.com' ?

 

[jasdon11]

Any thoughts?

 

[angel69]

Excellent question you're asking here, man. It's something I myself would ask. But I don't know enough to help you. I'm sure some guys will see this and give you their opinion soon.

If I approached these companies, is there any legal terminology I can use in my approach which would afford me some protection against getting any future action from them? I know trying to sell a name that a TM holder construes as infringing can be seen by some as bad faith. I don't see it in this case as their doesn't appear to be a TM solely for the words in my domain, but you never know ho someone will take it

 

[Cartoonz]

you need to run this by an attorney.
The idea of trademarking "whateveritis.com" may be worthwhile, as that may afford you some protection while marketing the name.
But you'll need to consult an attorney. TM's are not all that expensive.

 

[LarryWentz]

I was going post a similar thread as I have a generic domain in a GreatDomains auction at Sedo tomorrow. Let's say I have a one-word domain with a keyword like "hands" (just an example... not the domain). It it really wise for me to contact businesses such as Hands Electric or Hands Corner Store? "Hands" is generic but is it bad faith to contact companies that "Hands" is part of their company name?

 

[Cartoonz]

all depends on the TM status Larry...
Is it strong, famous, broad, etc... ?
Is it for the single generic word alone, or only in a string?
Does the TM exclude rights to the single word alone in the TM?

Too many variables to consider for a hypothetical.

 

[owntag]

Email the TM holder as an broker.

 

[craiglandy]

As stated, there are so many variables and nuances with TM. As a rule it is very bad practice to approach a specific company that has a name or brand similar to your domain. Depending on the details it could show 'bad faith' on your part if there is ever a dispute. If the company has a globally famous brand then this complicates the matter even further.

If your domain is in fact generic and descriptive for a product or service then you should be on solid ground. Of course when dealing with globally famous mark like Apple that is a different worm.

For example, I own FitnessResort.com -- I would have no issue in marketing that name to any fitness, spa or resort company. However, I would never register [XYZbrand]+FitnessResort.com nor would I market it to a company.

The closest I came to a trademark issue was with a French term that is commonly used in English. In 1997 I registered a group of French terms such as jenesaisquoi.com and carteblanche.com It went to a 3 judge panel as a TM issue and we won the case. Here is more info you may find useful about this case:
http://www.adrforum.com/domains/decisions/97737.htm

I am not a lawyer but find this stuff interesting.

 

[Chappy]

What about acronyms (i.e. LLL)? Example, if I own ABC.com is it considered bad faith to shop it to ABC Media company who currently uses ABCmedia.com?

 

[RTM.net]

The closest I came to a trademark issue was with a French term that is commonly used in English. In 1997 I registered a group of French terms such as jenesaisquoi.com and carteblanche.com It went to a 3 judge panel as a TM issue and we won the case. Here is more info you may find useful about this case:
http://www.adrforum.com/domains/decisions/97737.htm

I am not a lawyer but find this stuff interesting.

Those are great French generics, and I'm glad to hear you won the case. Will be reading the details tomorrow...