Are These People So Ignorant of Trademark Laws or Just Full Of It?

[Peachesbackwards]

Without mentioning specifics, I see a whole bunch of names, for which if we take the posters word at face value, being sold here for good money with
trademarked/celebrity names & sorry I don't get it. At best you are inviting a lawsuit and believe me these companies/people have plenty of money to make you an example of and even if you settle out of court, that still costs money. Why would anyone knowing that, buy something like that. It's a time bomb waiting to happen. I don't care how you rationalize that the web site was originally for so and so and not the celebrity/trademark- the fact is, you think
the celebrity/trademark holder cares? This is my problem with this entire website. These people are purporting in my opinion to be all knowing yet they then purchase domains with a lawsuit ready to happen but I'm the ignorant one? Sorry I don't get it.

 

[Devil Dog]

Hey look, another "I don't get it" post by Peachesbackwards.

 

[Peachesbackwards]

Another attack by Devil Dog on the OP that doesn't address the question. Moderator Devil Dog should be suspended from the Forum. Out of curiosity Devil Dog what is it like going through life not being able to give a straight answer to anything? I can just see your conversation with a woman, I'm giving you the benefit of the doubt here, on a date:
Woman: Tell Me ABout yourself? You: How Bout those 49ers. Woman: What is your opinion on poverty? You: Lost is a great TV show.

If you're married, I imagine the conversation is still the same. I shun people like you in real life. Richard.

 

[Devil Dog]

Another attack by Devil Dog on the OP that doesn't address the question. Moderator Devil Dog should be suspended from the Forum. Out of curiosity Devil Dog what is it like going through life not being able to give a straight answer to anything? I can just see your conversation with a woman, I'm giving you the benefit of the doubt here, on a date:
Woman: Tell Me ABout yourself? You: How Bout those 49ers. Woman: What is your opinion on poverty? You: Lost is a great TV show.

If you're married, I imagine the conversation is still the same. I shun people like you in real life. Richard.

I've been married for 15 years, and my name is not Richard. ha

 

[Peachesbackwards]

I'm guessing other people think of you as a Richard as well. I dare you to actually answer something that was asked: Why would anyone want to buy a domain name that has a celebrity name or trademark involved, when the chances are good they will be facing a lawsuit if they don't relinquish the domain?

 

[Devil Dog]

You're so smart, you don't get it.

It's true... it's true.

While we're at it, I dare you to actually answer something that's asked: Why would anyone want to buy a domain that has a celebrity name or trademark involved, when the chances are good they will be facing a lawsuit if they don't relinquish the domain?

Ok, here goes. I attempted to explain this to you via pm a few days back, but you're so hardheaded, it went completely over that hard head.

Some people like to take chances in life. Just because you own the domain of a celebrity or a name is trademarked does not mean you will get the panties sued off of you. 99.6% of the time, a lawyer will send correspondence via email or registered mail asking you to relinquish the domain.

You can either ignore or comply with their wishes. If you ignore it, the complaintant(the lawyer, etc) will most likely Wipo it. They'll spend $1500 to get their issue looked over via a panel, of say 3 individuals and that panel will decide yay or nay. Case closed.

Anyone can sue anyone for anything, espcially in America.

Take for instance one of the domains I own, pintos.com, a trademark search turns up over 50 searches, live and dead for the word pinto(s). http://tess2.uspto.gov/bin/showfiel...LL=AND&a_default=search&a_search=Submit+Query

Now, that doesn't mean, just because some clown sends me an email claiming I'm infringing on their trademark, that I must hand the name over to them. It's all about usage.

I hope your happy with my armchair legal analysis.

 

[Peachesbackwards]

Thank You. I don't agree with your chances in life part but that's your opinion.

 

[DomainName]

It's true... it's true.



Ok, here goes. I attempted to explain this to you via pm a few days back, but you're so hardheaded, it went completely over that hard head.

Some people like to take chances in life. Just because you own the domain of a celebrity or a name is trademarked does not mean you will get the panties sued off of you. 99.6% of the time, a lawyer will send correspondence via email or registered mail asking you to relinquish the domain.

You can either ignore or comply with their wishes. If you ignore it, the complaintant(the lawyer, etc) will most likely Wipo it. They'll spend $1500 to get their issue looked over via a panel, of say 3 individuals and that panel will decide yay or nay. Case closed.

Anyone can sue anyone for anything, espcially in America.

Take for instance one of the domains I own, pintos.com, a trademark search turns up over 50 searches, live and dead for the word pinto(s). http://tess2.uspto.gov/bin/showfiel...LL=AND&a_default=search&a_search=Submit+Query

Now, that doesn't mean, just because some clown sends me an email claiming I'm infringing on their trademark, that I must hand the name over to them. It's all about usage.

I hope your happy with my armchair legal analysis.

Nice reply. Pintos.com was a highly sought after name at the NJ auction. There will always be someone willing to use a trademark name to make a buck. It's up to the seller not to purchase these name. Basic demand principles apply. If people are willing to purchase these names then people will be willing to take a chance and reg TM names...plain and simple.

 

[VirtualT]

TM names = PPC $$$

 

[Peachesbackwards]

I guess the thing that bothers me the most and this is not meant as an attack on this forum is, you are basing the terms sales, strictly on the face value of the person or persons words alone and there really isn't an available form/widely accessable form of documented support like on say Ebay, to give a bad example off the top of my head. That's acceptable to you, fine, it's not acceptable to me. That's where I'm coming from.

 

[Salient]

In my opinion, which is often compared to assholes, this is why misinformed industry outsiders feel "domainer" is synomonous with "cybersquatter."

Personally, I feel DNF should ban any references to or sale of trademark/celebrity domain names on the boards.

This is not to say everyone who purposefully deals in TMs etc. are evil people. But for the good of the domain industry it would respectful of those TM "domainers" to start a forum specifically for the purpose of taking that risk and separate themselves from "domainers" who would rather not be referred to as a "cybersquatter" by those who have difficulty understanding the difference.

Regards,
Stuart.

 

[DN BROKER]

Without mentioning specifics, I see a whole bunch of names, for which if we take the posters word at face value, being sold here for good money with
trademarked/celebrity names & sorry I don't get it. At best you are inviting a lawsuit and believe me these companies/people have plenty of money to make you an example of and even if you settle out of court, that still costs money. Why would anyone knowing that, buy something like that. It's a time bomb waiting to happen. I don't care how you rationalize that the web site was originally for so and so and not the celebrity/trademark- the fact is, you think
the celebrity/trademark holder cares? This is my problem with this entire website. These people are purporting in my opinion to be all knowing yet they then purchase domains with a lawsuit ready to happen but I'm the ignorant one? Sorry I don't get it.

Violaters of law, Simple and plain 1+1=2 and they claim with their methods the answer is 2.5

 

[Credit]

So peach...are you telling me that if a fellow domainer was offering you angelinajolie dot com (for example) for say...$500, you wouldn't take it? Sure you would...you know why? Because you know that you could probably make $500 a day with that site. You would forget about all your ethical, legal, and all other concerns and put down the cash.
It's all about how important the relationship of money vs. risk is to you. For a certain price, even you would risk, we just all have different values.

 

[DN BROKER]

So peach...are you telling me that if a fellow domainer was offering you angelinajolie dot com (for example) for say...$500, you wouldn't take it? Sure you would...you know why? Because you know that you could probably make $500 a day with that site. You would forget about all your ethical, legal, and all other concerns and put down the cash.
It's all about how important the relationship of money vs. risk is to you. For a certain price, even you would risk, we just all have different values.

Cheating is your final choice!? I picked up yahoomerchant_com on tdnam, and realized its a tm issue, it was averaging 100 visitors a day... i deleted it, its available for anyone who wants to register it. After reading and learning that this type of domaining is wrong and harmful to our community - i decided to take action and be a honest hard working domainer and not a cheater / criminal.

 

[jasdon11]

In my opinion, which is often compared to assholes, this is why misinformed industry outsiders feel "domainer" is synomonous with "cybersquatter."

Personally, I feel DNF should ban any references to or sale of trademark/celebrity domain names on the boards.

I thought they had...

This is not to say everyone who purposefully deals in TMs etc. are evil people. But for the good of the domain industry it would respectful of those TM "domainers" to start a forum specifically for the purpose of taking that risk and separate themselves from "domainers" who would rather not be referred to as a "cybersquatter" by those who have difficulty understanding the difference.

There is.

Regards,
Stuart.

..

 

[Peachesbackwards]

What I'm saying is, I'm a total peon compared to a celebrity/company that owns a trademark name and at least I realize that and these people have unlimited funds while I'm living week to week. It's simply not worth my while and I never posted anything about Morals here, to say make X amount of money till they eventually come down on me and sue my *** and make my life miserable. What do you call a menacing 350 pound person who asks you for money when you're alone on a street at 3:00 AM in the morning? Sir!!!!!!!!!!! If you could do the hottest woman you ever saw but knew she had Aids would you do it? I sure as hell wouldn't. It's not worth the risk to me.
There's such a thing as a calculated risk and a risk that is pure stupidity. In almost all likelyhood will you get your butt sued and unless you have the funds to mess with the big boys, you don't want to get involved. And even if you have the funds, is it worth your time?

 

[VirtualT]

In almost all likelyhood will you get your butt sued and unless you have the funds to mess with the big boys

rubbish

 

[Peachesbackwards]

You'd probably tell the 350 pound dude who asked you for money at 3:00 in the morning, to F off. You really want to see what could happen next. I don't.

You don't want to mess with the power elite. That's the basic rule of survival.

You think if you mess with a star basketball player his agent, lawyers and posse aren't going to come down on you. To quote a friend at work,
"these people ain't playing".

 

[jasdon11]

Think how many millions (literally) of typos and other infringing names there are, for all the millions of TMs in the world. How many holders of these names get sued each year - 50, 500, 5000 maybe.....do the math.

The risk is relatively minimal.

 

[Peachesbackwards]

I'm talking about something totally blatant, i.e., like if someone was buying the name AngelaJolie.Com, MichaelJordan.com, The Beatles.Com stuff like that. I'm not talking about typo stuff.