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Ok, I have a domain that is so-so kinda good, the domain itself isnt that good but it's develop friendly and I have an idea to develop it. (the domain is a 2 word generic).

But then I searched google results for it and I found out there is a big company in Asia that is called the exact same.

I mean, could I get in trouble? the company is like factory stuff and my development plans is nothing near that field...

Comments (17)

We'd have to see the name. Post it like this to keep it from showing up in search: example (dot) c o m..

Comment #1

From what you describe, you should be in the clear, provided you don't go near that factory's products...

Comment #2

There is no need to list the domain if you do not wish to...

Comment #3

Thanks for the answers.

Well my brother told me to try to sell the domain to them but I havent contacted them cause I dont know what could happen...

I dont want to list the domain name here... but it's the same "kind" of words as these.

Greatprice.com.

Greatgoal.com.

Bigfuture.com.

Grandgoal.com.

Somewhere along those lines..

Comment #4

If it truly is that generic, you might be ok as a general rule of thumb, "most" generic terms can't be tm'ed ('Register' being one of the lamest exceptions). Doesn't mean they won't try though. As long as you do not park and do not use to sell their products etc, you should be ok...

Comment #5

Yeah it is that generic... BUT... can I contact them and try to sell it to them?.

Is that to risky..

Comment #6

I don't think I would personally... you might get away with it or you might be the guy that gets an made an example of... not worth the risk imho. Whether it's generic or not, they could still go after you for cybersquatting.

Best option I think is to dev...

Comment #7

For what? Apple is generic for the fruit, but not computers.

If the domain name is not generic, or better yet descriptive, of the product or.

Service the other party is using the term or so for, then approaching them to.

Sell it might not be a good idea...

Comment #8

Ok Dave. Would you be infringing Apple's TM if you tried to sell them Apples.com?..

Comment #9

I would say no... unless they are greedy and have a lot of money to waste. But if you tried to sell them AppleComputers.com, then yes...

Comment #10

Simply...YES.

If they want it, and it's the same as their company name, they will find you eventually. You're also in a better negotiating position if they approach you instead of you contacting them...

Comment #11

Yeah I understand, but I dont get this whole procedure... If they contact me and offer me a price, I can still get in trouble?.

Cause I read about a similiar situation where the company asks for a price and the domainer gives them an counter offer and then the company "had" proofs that he had the domain just to sell it to hem and they took it to court. Something like that.....

Comment #12

That's not for me to say, Stu. But Apple Computer can argue that using either.

Of the following: http://icann.org/dndr/udrp/policy.htm http://www.law.cornell.edu/uscode/ht...5000-.html Of course, it's ultimately up to the one mediating the dispute that will decide,.

Assuming the complainant demonstrates their claims.

Just a correction from my previous post: it's the term or so within the domain.

Name that might or might not be descriptive of the Asian company's products.

Or services in question. Unfortunately that's common in some domain-trademark disputes. Mileage can.

Vary...

Comment #13

The best way we can really say is if you post up the domain, until then, no one can say for sure...

Comment #14

Yes, it's possible, but at least you have the generic defense. If you offer it to them it's hard to then say you didn't know their company or TM didn't exist and pass the bad faith test.

There are lots of things that are not for sale now, but if offered would be. My house isn't for sale, but if you offered 2 million for it I'd start negotiating.

You can always refuse to counter offer and hope they make a second higher bid. Of course if you have it listed at sedo or on a parked for sale page, it's pretty clear it's for sale anyway...

Comment #15

I will take exception to this statement. What you should be saying is "descriptive" instead of generic. There is a destincted difference in the two wordings. There many "generic" words that are trademarked, both common law and registered. It is the usage that could determine bad faith if challenged. If you owned apple.com and sold computers or PPC in the technolog field, expect bad faith to be sourrounding the domain. Negotiating??? dang, I say SOLD as fast and loud as I can repeatedly..

Comment #16

I stand corrected.

Apparently someone deleted my last post..

Comment #17


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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