Is Buy[BrandName].com a trademark infringement? NEED HELP PLEASE.

[asg11us]

I own several "Buy[BrandName].com" domain names where brand name is the name of a popular brand of consumer product. I just received an email from a company that owns one of the brand names. The email states that I have 10 days to deregister the domain name or the company will pursue legal action. I have not used these domains for any commerce. I was just holding them for a possible future sale.

Is it a trademark infringement to hold this name, if my intent was only to sell the name or use it to operate a website that sells [BrandName] products?

The domain names buymicrosoft.com and buycasio.com are forwarded to the buy.com website. Is this trademark infringement too? Maybe buy.com signed an agreement with Microsoft and Casio to use these domains.

Thanks.


Andy

 

[DNQuest.com]

First, got the search box and type in "trademark" adn read for a week, then type in "tm" and read the threads you may have missed. You will save time, moeny and headaches...

 

[yingyang]

Laughing.......the answer is in your own question buy(brandname.com), is it your brand name??? No. you are infringing there tm. Take the out card..........

There arguement is your using there brandname to profit....which you are definitly doing here..........

 

[INVIGOR]

Slam dunk

 

[ThinkTankGroup]

I own www.BuyCom.co. I just received the same threatening phone call from www.Buy.com and told them to buy it or lease it. Don't let them strong arm you. Domainers are paid to out-think the competition. http://www.kbinternetlaw.com/domainlaw.html if you want some FREE legal advice. "Buy" is not a RTM and nor is "COM". Never buy a company's name or a name of their product. That it is TMI. Casio and Microsoft can never be used without Mr. gates consent!

 

[Gerry]

OP is 4 year member???

 

[Cartoonz]

I own www.BuyCom.co. I just received the same threatening phone call from www.Buy.com and told them to buy it or lease it....

Yeah... let us know how well that works out for you... lol

 

[ThinkTankGroup]

Yeah... let us know how well that works out for you... lol

It will work out perfectly considering I positioned myself with them and many of their competitors. A threat to the BBB always helps too. They actually are considering buying because they don't want to deal with the litigation and the possibility of me destroying their online reputation caused by their lack of insight! Time tells!:lol:

 

[Gerry]

Don't let them strong arm you.

Hardly good advice to someone who blatantly regged a TM name or product or service.

Hell yeah, fight em. Don't let them strong arm you!

Seriously, do you think Buy.com wants your name? Look for them to go after buy dot co, if they go for any .co at all.

 

[ThinkTankGroup]

"Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.", - How does anyone even take you serious with a signature like that. Nobody cares what you know until they know that you care. Good talk!

 

[Cartoonz]

It will work out perfectly considering I positioned myself with them and many of their competitors. A threat to the BBB always helps too. They actually are considering buying because they don't want to deal with the litigation and the possibility of me destroying their online reputation caused by their lack of insight! Time tells!:lol:

Like I said... let us know how it actually works out in the end.

 

[Gerry]

"Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.", - How does anyone even take you serious with a signature like that.

Problem is, some people take themselves too serious. If I can't laugh, have fun, poke fun at myself and take a good joke or "be a sport" about taking pranks, then there's not much happiness in life. I work in a very intense, high pressure atmosphere and take my work very serious. Thankfully, I don't take many people on this forum to be serious professionals.

Trust me, there are those on the forum that despise me or accept me. Which side you're on is of no consequence or matter to me.

Your Nobody cares what you know until they know that you care is quite an amusing quip in itself. Just like the advice you gave - laughable at best.

 

[chipmeade]

Is it a trademark infringement to hold this name, if my intent was only to sell the name or use it to operate a website that sells [BrandName] products?

Yes

 

[Dave Zan]

"Buy" is not a RTM and nor is "COM".

Uhurm:

Word Mark BUY.COM
Goods and Services IC 035. US 100 101 102. G & S: Online retail and wholesale store services featuring a full line of consumer goads, namely, computers, books, videos, software, games, audio cassettes, compact discs, other audio-media related merchandise, toys, office and school supplies, household appliances, surplus goods, sports equipment, and electronics; online ordering services featuring a full line of consumer goods, namely, computers, books, videos, software, games, audio cassettes, compact discs, other audio-media related merchandise, toys, office and school supplies, household appliances, surplus goods, sports equipment, and electronics; online distributorship services featuring a full line of consumer goods, namely, computers, books, videos, software, games, audio cassettes, compact discs, other audio-media related merchandise, toys, office and school supplies, household appliances, surplus goods, sports equipment, and electronics; providing an online searchable computer database in the field of consumer merchandise; and dissemination of advertising for others via an on-line electronic communications network. FIRST USE: 19981115. FIRST USE IN COMMERCE: 19981115
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75926401
Filing Date February 23, 2000
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition October 15, 2002
Registration Number 2670844
Registration Date January 7, 2003
Owner (REGISTRANT) BUY.COM Inc. CORPORATION DELAWARE 85 Enterprise Aliso Viejo CALIFORNIA 92656
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Leslie McKnew
Prior Registrations 2376895
Type of Mark SERVICE MARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE