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I went to list a name a sedo the other day and the system would not let me. It says it I cannot list the domain due to third party trademark rights or something to that effect. It's a myspace name. Here is the whacky part. I go to list myspace.xx and Sedo already has many myspace names for sale like myspace.co.uk. Which is ok in my opinon and i made an offer on that name. Myspace cannot tell someone what to sell or how to use it, they can stop the use if the USE of the name infringes on their trademark but their trademark does not cover all scenerios. I mean c'mon Sedo, Apple.org has nothing to due with Apple computers so you can't sell it on your website? In any case, here is their response to my first email:
I just wanted to warn my fellow domain'ers that this was happening. I don't feel it is acceptable. They should not play the game of trying to determine what is trademarked and what isn't. Since when do they have that right?
Here is my reply back:
Enjoy the read, I found the whole thing interesting myself. We'll have to see how they respond. Something smells fishy. Cheers,
Acro
The owners of the trademark for myspace do not allow us to list for sale domains that include their trademark
I just wanted to warn my fellow domain'ers that this was happening. I don't feel it is acceptable. They should not play the game of trying to determine what is trademarked and what isn't. Since when do they have that right?
Here is my reply back:
Hello Jay,
Myspace.com owns every Myspace cctld? You are incorrect, they cannot and do not have trademarks in all countries, as a matter of fact I see no trademark in UK for Myspace.com. In any such event they cannot own the domain name simply because of its name, nor does Apple computer own all domains with Apple in the name. Apple.com cannot claim ownership of a name if that name does not violate its trademarked use. If I own an apple stand in UK I can own apple.co.uk with no right inherit to Apple computers to suggest otherwise is nonsense. The next problem I have with your statement is this, does Myspace own Sedo? Since when can one company impose rules upon another entity for which it has no relationship? Something is wrong with your statement; you can sell any name you want. If you need to hire a new legal department I know many people that can help. I am not being rude but MYspace.com cannot dictate what is sold anywhere. Their trademark is for a social networking website; their trademark relates only to such use and cannot include all Myspace uses. I can file a trademark tomorrow for my domain name for other uses. It depends on the use of the domain not the name itself. In such case you stick with your decision I will be very disappointed because you offer a place to buy and sell domain names freely, you cannot regulate the use of these names and by blocking my ability to sell my name you have squashed my rights. Myspace can come after me if they have a problem. Selling the name is between me and you, the use of the name is between Myspace.com and the domain owner. Just so know also, no other website blocks me from selling this name, I have listed it on Afternic.com and many other places. You might want to forward my concerns and questions to your legal department as well. I am a big fan of Sedo but this might sway my opinion of your services. Cheers.
Enjoy the read, I found the whole thing interesting myself. We'll have to see how they respond. Something smells fishy. Cheers,
Acro