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Is it safe to say a domainer can do this

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tas38

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Hello Everyone......

I got a generic 2 word domain, on a domain drop auction and it has cleared to my account. I checked what was at the domain before, I found out a power house google PR8 ( MSN is a PR8 also ). And a alexa rating of 1,300 owned, the domain with the .net and org. The whois showed, they got it through a consultant. I found 3 historys of their usage of the domain, dec 14 and 24 2005 and jan 4 2006.

From the less then 2 months short history, I seen that the domain I got was forwarded as a subdomain. To their highly rated domain as a beta site, I then went to their highly rated site. And could not find anything of my name there, when I first seen the domain I thought of a good usage for it. And found they was not using it for that, and from the little usage felt they was most likely letting it drop.

Like any good domainer though, after I had the domain for sure. I started doing more research on it, and they do have a TM word mark on the domain. But as I said it's a very generic name, and could be used for all kinds of stuff. So here is some facts as I see it.......

1) It's a very, generic domain name.
2) They did not, make the name very well known at all.
3) I should be able to build it, and/or sell it as a generic domain seller and developer.

Keep in mind when I say build it, I mean for anything other then what their TM is for. And when I say sell it, I mean it's a true generic domain name. And that I both think of my self, as a domainer and developer as well. And there was no bad faith, from my side of this at all at any time.

I think I'm on good ground with it, and would like some input that indeed I'm right. I've read some icann cases, and in one case a domainer got a dropped generic domain. That was TMed, and the panel found that the domainer, buying the generic domain to resell was indeed fair usage. And that no bad faith was shown, because it was indeed a generic domain.

I will not put the name in this post right now, but I'm willing to PM it to a few people that know about this stuff. If they feel I'm on good ground as well, and think it's ok to post it then I will. As I said before I felt they was letting it drop, but one never knows about expired domains. But even if by some odd chance, they or their consultant dropped the ball, I'm still on soild ground with it. If you know about this kind of stuff, and feel you could give input just PM me for the info.

Thanks, for any help! Tim :)
 

hugegrowth

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It seems like you feel it's a safe domain, you could check for help in the legal section here too. The fact they dropped it also helps. Remember though that even if your case looks good, they could always still come after it.
 

tas38

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Yes I feel it's a safe domain, but need other feelings on it as well. Do you want me to, PM the info to you ?
 

tas38

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I really do need more feed back on this, I under stand you's are not attn's. And under stand that it's just your thoughts on it, but that will have to do for me as I don't have funds for a real attn. And on the small chance they dropped the ball, and they try taking the domain I got fairly. I'll fight it by sending in my reply to the panel, that will cost me very little and I feel I'm on soild ground here.

That does not mean, I'm 100% sure on this stuff. But when you just a poor domainer like me, then you better have a plan of action before hand. As they don't give you lots of time, to reply to the charges put on you to take your domain away. I'm going to put the info here, so hopefully I get some feedback from other domainers like my self. Now their TM is for a consumer review site, their main sites is **HowStuffWorks.com**

My domain name is **StuffGuide.com**

Take note if you look at the url on the wayback machine, you can see in the history site. They forwarded my name to their main site as a subdomain, as a beta site for a consumer review site. And for a short time only, it seems to me they did that to test the new site. Then changed their minds, and just added as part of their main PR8 site **HowStuffWorks.com**.

When I first seen the name, I thought what a great name for a how to do stuff site. But it's a good real generic name, that could be used for all kind of stuff. Like free stuff or used stuff, tech stuff, sports stuff, and even poker stuff guides. There is millions of returns for a search on google, and lots and lots stuff guides. Having nothing to do with the consumer review TM, and from the looks of it they did not use the name much at all. Nor did they make them selfs, known by the name so that helps.

And the link, to the wayback machine below......

http://www.archive.org/index.php

I really do need more feed back on this, I under stand you's are not attn's. And under stand that it's just your thoughts on it, but that will have to do for me as I don't have funds for a real attn. And on the small chance they dropped the ball, and they try taking the domain I got fairly. I'll fight it by sending in my reply to the panel, that will cost me very little and I feel I'm on soild ground here.

That does not mean, I'm 100% sure on this stuff. But when you just a poor domainer like me, then you better have a plan of action before hand. As they don't give you lots of time, to reply to the charges put on you to take your domain away. I'm going to put the info here, so hopefully I get some feedback from other domainers like my self. Now their TM is for a consumer review site, their main sites is **HowStuffWorks.com**

My domain name is **StuffGuide.com**

Take note if you look at the url on the wayback machine, you can see in the history site. They forwarded my name to their main site as a subdomain, as a beta site for a consumer review site. And for a short time only, it seems to me they did that to test the new site. Then changed their minds, and just added as part of their main PR8 site **HowStuffWorks.com**.

When I first seen the name, I thought what a great name for a how to do stuff site. But it's a good real generic name, that could be used for all kind of stuff. Like free stuff or used stuff, tech stuff, sports stuff, and even poker stuff. There is millions of returns for a search on google, and lots and lots stuff guides. Having nothing to do with the consumer review TM, and from the looks of it they did not use the name much at all. Nor did they make them selfs, known by the name so that helps.

And the link, to the wayback machine below......

http://www.archive.org/index.php
 

tas38

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Tech problem, it's not automerging. Delete this post admin
 
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