Huge trademark domain question.

Stian · Jan 21, 2007

Hi there! I recently registered a .no trademark domain. This is a new and very talked about product from one of the world's biggest companies! The domain name has no typos, numbers, hyphens etc. It's just straight forward <productname>.no . I would assume this is a pretty attractive name. So therefore I'm asking - what should I do? Should I try to market and sell it, or should I just keep it parked and see what happens eventually, if anything will ever happen.

I hope someone are able to discuss this issue, even though I don't actually tell the name of the domain. I might do that a little bit later.

All replies are highly appreciated!

McDot · Jan 21, 2007

You should better consult a lawyer about that.:wink:

Gerry · Jan 21, 2007

Any knowingly TM or SM product, service, or brand is suspect and can bring some C&D letters along with orders to surrender.

Some companies pay for services that immediately notify them of infringements when domain names are registered.

There is always a chance nothing will happen. But there is always the chance that something will.

If you were to sell it, most registrars contain clauses in their EULA that specifically points out TM issues. In other words, if you were to sell it and that name was seized, surrendered, or legal action taken against the present owner, it can all come back on you.

Knowingly registering domain names that technically "belong" to someone else or other entity is risky. I know because I am also guilty (just can't help myself). It is usually when you publicize it or go to sell it that it gains too much attention.

Park it may be the best thing for now. Like I said, maybe nothing will happen. But be prepared to surrender it if appears to be problematic and too much of an issue.

My total? Surrendered 4 over numerous years. All blatantly copyrighted, trademarked, patented, and registered. All regged the same day. Thought I hit a goldmine. There was a reason they had not been regged. Got letters within 2 weeks. Very prestigious law firm, very prestigious client, cited each and every case litigated and won involving their client (100% average) and very pretty and expensive paper. Quite impressive, I must say. And damn nice people once I complied with their demands.

If you want to PM me with the name, I'll PM back my take on it. Some companies think they own the alphabet. I have fought many off and won.

gogeorge · Jan 21, 2007

You were lucky. There are some really crazy law firms associated with Jack Abramoff that are hounding domain name owners. If you register any type of name with their four letters in it, they sue you, and the law firm does not provide proper notification. In the state of Nevada many of the judges are appointed by types owned by the casinos. Even if you are not trademark infringing, the judges will always go against you. The lawyers threaten to take away your house and charge 500, 000 per name, even if the domain is not used.