Question about trademark/no trademark

[Benzbuggie]

Ok so I own a finance niche domain that has the same name as a lot of other companies, some of the companies are pretty big. Here’s the catch, none of them are trademarked. I acquired the domain long after all of these companies were formed. My goal is to sell it to one of them, in fact I’m really surprised none of them had it yet. Is this well within the rule of law because none of them are trademarked? Or am I violating some law?

 

[Biggie]

Hi

if none of them had acquired it before you, then maybe they didn't want it or prefer the name they currently use.

the other if, is...
if, you purchased with intent just to sell it to one of them, then it's better to wait for them to contact you, than you soliciting them.

imo....

 

[Benzbuggie]

Hi

if none of them had acquired it before you, then maybe they didn't want it or prefer the name they currently use.

the other if, is...
if, you purchased with intent just to sell it to one of them, then it's better to wait for them to contact you, than you soliciting them.

imo....

I appreciate the response. I actually just thought it would be a good name for a financial business, I should have checked before I bought it. But I checked it after and apparently there are a lot of other people that thought it would be a good name as well. The laws are kind of confusing to me, because doesn’t every domain investor have the intent to sell it to a company?

 

[Biggie]

because doesn’t every domain investor have the intent to sell it to a company?

Hi

maybe that's not the right perspective to see domaining

sure, the goal is to buy and resell for profit,
but the names you buy with intent to resell, shouldn't be based on preconceived notion to sell to specific entity.

because what if they aren't interested or they file a C/D order because you registered the domain in bad faith?

better to acquire domains that appeal to wider audience.

Good Luck!

imo....

 

[Benzbuggie]

I do see what you mean. I am new to this and trying to understand the right and wrong ways to do it. I definitely dont want to be a cybersquatter.

 

[Biggie]

I do see what you mean. I am new to this and trying to understand the right and wrong ways to do it. I definitely dont want to be a cybersquatter.

Hi
yeah, you're more likely to be called a squatter, when you initiate contact, rather than when they contact you "out of the blue".

maybe read thru the "Domain Sales" threads, were members have posted names they have sold
and read thru "Domains Wanted" section, as this may give idea of what type of domains buyers are looking for, along with how much they are willing to pay.

additionally, check out "Legal Issues" and get insights into issues other domainers may have had.

Feel free to post any questions you have.

imo...

 

[Benzbuggie]

here is one more questions. and i have to say i greatly appreciate your responses. Does someone who is selling a domain have unregistered trademark rights? for instance, if someone is currently selling dog.com and i go and buy dogs.com and try to sell it that wouldnt infringe on anything because we are both using the domains for profit and not affecting any established business correct?

 

[Biggie]

Does someone who is selling a domain have unregistered trademark rights?

Hi

basic answer is, no.

i suggest you dwell less, on too many of these "what if" scenarios.
one cannot give concrete answers to vague possibilities,
as each domain is unique, therefore each consequence may be as well.

use common sense, as the approach for choosing domains, rather than the narrow scope of selecting from lists of potentially infringing domain names.

imo...

 

[Benzbuggie]

i appreciate the response. I am widening my searches for domains. However I own 5star mutual and fivestarmutual, which in my opinion would be one of the best names you could have for a mutual fund broker/investing company. Mutual funds are based on a star rating system (up to 5 stars) so im not sure why nobody would want a company name representing that they sell the best mutual funds. There are no trademarks or companies with a variation of that name that I found. Is that not a clear golden goose?

 

[Biggie]

Is that not a clear golden goose?

Hi

all i can say is:

if, you have confidence in the domain,
then put your money where your mouth is.....
and renew it 10years and wait for right buyer.

that's the investing and speculation part.

imo...

 

[Bill Hartzer]

So, if you bought that domain for a financial business, you could go ahead and develop it. Put WordPress on the site, get a basic logo done, start posting on it with industry news, financial news, etc. Show that the 'intent' of it is for you not just to 'cyber squat' on the name. Google's auto-accepting news sites for Google News now, so might be an interesting time to start up a 'news' site on that domain name. Then, those companies that might be interested in the domain in the future will have a better chance of noticing it if they just come across it through a Google search.