Is it safe to just keep a domain name that contains a trademark?

[Karagoz]

Hi,

I wonder is it safe to just keep a domain name that contains a trademark?

I mean just keep the domain name without any website?


What if the domain name is parked, or just shows an GoDaddy page, NameCheap page, or JustHost error page?

 

[Dave Zan]

I wonder is it safe to just keep a domain name that contains a trademark?

Generally, no.

QUOTE=Karagoz;2105208]I mean just keep the domain name without any website?[/quote]

Very risky.

What if the domain name is parked, or just shows an GoDaddy page, NameCheap page, or JustHost error page?

If it's a parking page, even riskier. It might show ads of competing products/services of the trademark holder's, and you'll be held liable.

Ultimately, it boils down to why you're thinking of registering (if you haven't done so yet) that domain name with the trademark in the first place. Unless you intend to poke fun or criticize, why else do that to begin with?

Even so-called fair use has its limits, especially dependent on each situation's details. If you're honestly thinking of regging that domain name to "ride" on its trademark namesake, you're playing with fire.

 

[Karagoz]

But,

Is it safe to keep an domain name with trademark, without parking it or hosting it?

My intend was to sell that domain name to the trademark owner after some years.

As I know after a conversation with a lawyer (I may be wrong), it doesn't cause any trademark infringement as long as you don't mislead your visitors to think that your website is a part of the trademark owners business, or owned by the trademark owner.

Sometimes, you'll need to write it clearly on your website that "this website is not part of, nor owned by or parnered with the ABC Trademarked Name".

So if you have the trademark ABC and own ABC.com, then I can start a website like ABC.org, and you can't sue me as long as I'm not misleading my visitors to think that ABC.org is owned by you, or partnered with you.

 

[Dave Zan]

My intend was to sell that domain name to the trademark owner after some years.

That's...one of the qualities of cybersquatting. The point is you're exploiting the trademark's popularity for yourself without any material benefit to the trademark holder, who invested time, money and effort to become the commercial success or so you're looking to take advantage of.

Who knows? You might get lucky as you keep that domain name without hosting any web site content, or the trademark holder might pursue you.

The more unique and/or famous the mark, the riskier it'll be. Ultimately, it depends on how aggressive the trademark holder is.

Tempting as it is to "judge" you, I'm not doing that. I'll let you know what can happen, and you decide for yourself if it's worthwhile.

Good luck.