Auto Manufacturer's Name for Dealers? TM issue?

cbattles · Dec 30, 2002

Let's just say that I have a friend. This friend noticed a buying frendzy on eBay where for example the pair of domain names "Hummer-H2.com" and "HummerH2Rentals.com" sold for over $12,000. And that friend decided to make a quick buck by registering and selling similar names on eBay. Considering that dealers would most likely be the people buying names like "buyHummerH2.com," etc. is this a big TM issue or what? Forgive me for being uneducated on the subject.

Thanks

CoolHost.com · Dec 30, 2002

I would suggest that your "friend" research the potential TM on USPTO.gov ... and then have a real heart-to-heart as to whether he/she really wishes to either become a domain speculator or potential (depending on the research of the TM) cybersquatter. My two-and-a-half sense!

Good Luck.

PS. I ain't no lawyer!

cbattles · Dec 30, 2002

It seems, from what I've read, that for example, a Hummer dealer would be able to use a site like "buyHummerH2.com" because a Hummer dealer is related to the company that makes the Hummer (the company that holds the trade mark.) And because they are related in the sense that the more money the dealer makes, the more money AM General (makers of the Hummer) makes - there is no trade mark issue.

But, I ain't a lawyer either. lol :laugh:

draqon · Dec 30, 2002

cbattles, you are aware those ebay auctions were fake right?

cbattles · Dec 30, 2002

What do you mean fake?

Silverwire · Dec 30, 2002

Not a lawyer, but in the absence on one, my 2 cents:

yes, a dealer may be able to legally use the name. But YOU (err, I mean your friend) are not a dealer, and while I follow your logic, I don't think that the intent to sell to an "authorized" user protects you from action on the TM.

However, it is not illegal for you to sell the names if someone buys them before action is taken on th TM. But not a great strategy, IMHO.