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GoDaddy reviews : Advise I go GoDaddy?? Has the /img/avatar3.jpg of a trade mark the right to take your Domain

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Hi guys.

I have received this message regarding my TradeMark.info Domain name:.

(My name is ... and I work in the Brand Protection dpt of .....

It has come to the attention of our client, ...., that you have registered the domain name .....info. My client its of the opinion that the domain is identical to their .... trademark. You can see an example of a registered trademark ..... attached..

It doesnt seem that you were authorized by my client to register this domain name and my client would like for you to transfer the domain name to their portfolio in an attempt to solve this matter in an amicable way..

Please contact me within five (5) days of receipt of this letter, so we can arrange the transfer of the domain name..

Please let me know if you have any questions.) I wonder now if they have the right to take my Domain or not ????.

Thanks..

Comments (51)

Might it be one of these:.

DoubleTree.info.

Daewoo.info.

FordFusion.info.

Pulsar.info.

Really, though. What do you think?..

Comment #1

No, none of these, it is not in my signature ...

Comment #2

Share the domain and I would be able to give you my opinion...

Comment #3

Judging by the trademark domains in your portfolio, I'm going to go ahead and say Yes, they have the right to take action and take the domain from you...

Comment #4

Is it your domain penises.biz? Oh, no nevermind, I guess that one is okay.

Seriously though, from the look of many of your names: Yes, whatever they are asking for - just hand it over. And delete the rest of your blatant TMs infringing domains before the same thing happens again!..

Comment #5

To answer you: They have the legal right to seek litigation against you, yes. You could simply refuse to give them the domain but it'd be among the dumbest things you could do since I'd damn-near positive you couldn't afford the lawyers you'd need to keep your ass outta harm's way. Stop trying to make a buck with others' TMs. It'll never happen, anyway...

Comment #6

Don't you worry about it, just tell them to go jump and sue you if they think they can win.

You are simply holding a domain that they have a legal right to, how dare they...

Comment #7

You're absolutely right. What the hell was I thinking? I guess I'm an ignorant domainer. A retired one, at that...

Comment #8

Whazz a TM????????????.

LOL.

Cheers.

Liquid..

Comment #9

Every time I see your avatar, I hear a fast, heavy metal guitar riff in my head, then imagine a tattered leather jacket with lots of band patches like "SLAYER" and "METALLICA" that smells like it came straight out of a stockyard.

^ this is why you shouldn't smoke weed ^..

Comment #10

It's just a silly way ppl think they can protect their brand...

Comment #11

Without knowing the domain pretty hard to guess, but just from the trend of these in your sig and a few more I would say you're definitely on the wrong track as you hold quite a few liabilities instead of assets.

UsedFordMustang.

FisherPriceCamera.

N920Nokia.com.

SiriusSportser.

UnlockedNokia.

NCAAbasketball.

PennState.

WashingtonPost.

DoubleTree.

DisneyGames.

Daewoo.

FordFusion.

YahooGames..

Comment #12

Close enough except I wear my trench coat more than my leather jacket. And weed hasn't been in my system for over a decade. I managed to quit SOMETHING...

Comment #13

I was talking about the weed that I smoked that's probably responsible for my brain consistently invoking the same series of imagery, every time I see your av.

It's almost as if it's burned itself into my minds eye, kinda like if you stare into a lightbulb long enough, you still see it's image when you look away and blink? Like that.

You, guitar riff, leather coat, lots of patches, stockyard...

Comment #14

NOT LONG AGO, loooool.

Cheers.

Liquid Post added at 01:03 AM Previous post was at 01:01 AM.

To be honest, it is not silly anymore, it is getting quite anoying just looking at the appraisal forum...but heck, who am I to judge people LOL.

Cheers.

Liquid..

Comment #15

If one more person asks me to appraise microsoft.interiorextension, I'll shoot myself. Post added at 01:13 AM Previous post was at 01:13 AM Oh, no. It wasn't the weed. I have that effect on ppl...

Comment #16

I think Archangel looks like a wrestler ....(sorry bro)..

Comment #17

Gimme the make-up and I'd be a good Sting. I got the trench and all..

Comment #18

Thank you guys for advices, anyway the Domain name not listed in my signature, I think the best thing to do before registering a trade mark Domain is to check the other TLD's by Whois , if this company own all TLD's then they will not allow you to keep it, and if not that mean they don't care...

Comment #19

The best thing to do is to avoid obvious famous trademarks.

Brad..

Comment #20

Use madrid protocal and uspto as some safety tools in the future (and common sense)..

Comment #21

How about if you registered your domain before the person got the TM?..

Comment #22

Maybe someone can confirm , but I think you are in the clear ??..

Comment #23

The best thing to do is to avoid them to begin with as not everyone will approach you and say give us the domain and everything is cool, some larger companies would rather make an example out of you as the filing fee is peanuts to them. You will get a letter, then if they were to get a judgement and you can't pay it it's on your credit record and then anytime someone else challenges you the history of your previous judgement pops up which labels you as a dirty domainer. I don't agree with domainers holding obvious trademark domains but I can see the appeal of them when .com as type in traffic exists, holding trademark domains in other extensions is having liabilities with zero payoff which makes no sense. Almost any registrar will crack and release their private whois as well when presented with legal documents...

Comment #24

Yes, exactly. Why would you want to register blatant trademarks anyway? What are you hoping to gain exactly? Do you think the TM owner will come and make an offer on your domain or you'll be able to make money by developing a site on it? Neither is likely, however a filing is most probable.

I'm sure we've all (sorry, most) have done it at some point, it's a common newbie mistake... but one which is best avoided once you realize it's wrong. It is frowned upon by domainers and whats worse is that it reflects bad on the community as a whole. Because of ones actions, the entire industry can (and is) sometimes labelled "dirty cyber squatters". Yes. Neither is right, but the latter makes even less sense...

Comment #25

Would be hard for them to prove bad faith if you registered it before their trademark so it would give you the upperhand, however usage comes into play as well, if you registered a domain in 2000 and put automotive ads on it and then in 2005 someone trademarks it for hair care products and then you change the ads on it to hair care ads probably not gonna look good on your part, if you leave it exactly the same as when you bought it you should maintain the upperhand, lot of inconsistency with decisions so registration date, usage and whoever decides your case can play a factor, always go for a 3 person panel if you feel there is a chance you will lose...

Comment #26

Nice synopsis there, Sparedomains.

The only thing I would add is that, under the UDRP (until some recent controversial opinions) the relative dates could determine the outcome. In a court action, depending on the claim and the jurisdiction, current use can be just as important as registration date...

Comment #27

So, why guys if you chick any trademark domains you will find that all TLD's taken, what the Domainers doing with these names, just pick any TD name and check it through GoDaddy whatever and see ????..

Comment #28

You could probably email them via the whois and ask them what they are doing. Whatever the reply, the truth in most cases is that they are infringing on a TM. Now, that besides the point - why don't you ask yourself - what is your purpose of doing the same thing.

Here are your possible answers:.

1) you hope the companies will come and buy the TM'd name from you.

2) you hope another domainer will buy the domain from you.

3) you hope an unsuspecting buyer with no domaining knowledge buys it from you.

4) you hope to stick it on sedo or some other form of parking to generate revenue.

5) you hope to develop it and make revenue via adverts of some sort.

Now, whats the common thing in all of those scenarios?.

Answer: making money. gaining a profit. All good you might think. But what you may or may not realize is that you are intending make a profit from a trademarked domain. Whether you do or not is another matter, but the intention is obvious. And it is wrong, whichever way you look at it.

You are being advised here by many other domainers, no one is telling you this for their own profit. Its for your own good, so whether you choose to listen or not is totally up to you...

Comment #29

[QUOTE=.

You are being advised here by many other domainers, no one is telling you this for their own profit. Its for your own good, so whether you choose to listen or not is totally up to you. [/QUOTE].

Thank you, I just wonder why they are purchasing it...

Comment #30

Sadly, that isn't true. There are dozens of ccTLDs out there and a company won't always register every variant just to save brand. However, if they learn that someone else regged one of these domains, they'll likely try to obtain it as a precaution, a safeguard that the registrant isn't going to make a site that infringes on their trademark. Post added at 02:50 PM Previous post was at 02:48 PM I'm pretty sure you'd be in the clear. If you owned Skadoodle.com and I regged a TM on the term a few years after you regged it, I highly doubt I could get the domain from you...

Comment #31

Millions are downloading music too. Doesn't make it legal nor does it stop a few select individuals from being sued.

They want the domain. Be happy that's all they want...

Comment #32

Agreed.

Original poster, you've been given your answer by many knowledgeable ppl. The ball is in your court...

Comment #33

Most are newbies that think if it's available it must be cool, where the main reason it was available to begin with is because more educated domainers wouldn't touch it with a stick as nobody that holds a good portfolio of generics or brandables wants to pollute their portfolio with possible legal liabilities, why do you see a guy riding a skateboard in the middle of a busy street, some people are willing to take more risks than others and don't care until they get spanked once $$$$-$$$$$$ and then they might learn their lesson, years ago it was the wild west where you could get away this more, times are changing so for most people sitting on a ton of obvious trademarks it's only a matter of time before they get served especially with monitoring services like mark monitor etc... If you're holding an obvious trademark I would hand it over and be happy they asked for it instead of filing as you can walk away with zero expense. If it's a domain that you feel is not covered by their trademark by doing a trademark search then consult with an ip attorney as they would have the best estimate as to your possible success rate of winning...

Comment #34

But but but...i paid 10 dollars for it.... sniff, cry, whine....uhm, oh...MAMA!!!! LOL.

Cheers.

Liquid..

Comment #35

Is it true that if you own more than 3 trademark domains you can get the Death Penalty ?

Comment #36

No, If this would be true than Google, Microsoft, Dell etc. could be executed since they own hundreds!!....uhm, aehhh...LOL.

Cheers.

Liquid..

Comment #37

What a dirty industry we are involved in. Do these major entities hold these domains legitimately ? like, are they making money off other peoples' trademarks ? Do you have any examples ?

Comment #38

I know it is dirty, it is a shame....but an example would be google, they hold not only google.co, they have these domains also in .de, .net,org, .us and more...

As far legitimacy, you have to ask a Lawyer like John Berryhill since I know crap about laws but in my book google.com makes money off google.de, google.net since the .net is blatantly redirected to google.com......

Comment #39

I think you mis-understand the way it works.

It's the actual keyword that holds the Trademark and not the extension.

Google is entitled to all extensions of google, whereas you or me would not be...

Comment #40

I hope every question you asked today was sarcastic and that you didn't mean anything serious by them.....

Comment #41

That's what I hope too and that's why I had silly answers lol.

Cheers.

Liquid.

P.S: exsedo, I know how it works lol..

Comment #42

There's no rules against having a little fun, (I hope)..

Comment #43

True. Sarcasm doesn't translate well in typed messages though, I suppose..

Comment #44

Lol, I would have continued but Archangel got me a bit thinking :-).

Cheers.

Liquid..

Comment #45

What guys if the Domain has more than one meaning, for examp. if there is a trademark name Babel, and there is a city in the same name, or another examp. Jordan you can use it as a trademark or a country Domain ???..

Comment #46

Mazda3.ca Sold for $9,000 in Jul 09 at Sedo..

What you say guys ????..

Comment #47

As has already been said, it all depends on the usage...

Comment #48

Agreed..

The legal issues surrounding Tm terms are quite complex..

I don't know the story behind this sale, but obviously Mazda (the car company) now have it as their official site for Canada..

One would assume that if the seller had used this domain in an infringeing manner, previous to the sale, Mazda would have probably taken the name via UDRP which costs $1500 rather than paying $9000...

Comment #49

The 'logic' behind TM's and domains isn't that complex and you don't really need to be a lawyer to understand the rudimentary aspects of what's going on (even though UDRP decisions can be a wee bit schizophrenic and occasionally capricious).

You cannot use or register a domain name that is similar (or exactly matching) to a trademarked term and use that domain to profit off that trademark.

Lets say that Bobs Apple Orchard registered Apple.com. The computer company wouldn't have any recourse to take that name, unless Bob started using the domain to sell computers, thus causing confusion with or deliberately using their mark for his own profit.

Obviously, domain speculation hits into a gray, center area that is less definite, since domainers can rarely claim any sort of legitimate, ancillary purpose for owning a domain name that might be trademarked for whatever purpose. Aggravating this is domain parking, where the aggregators regularly throw up for-profit ads that generate revenue off the eponymous mark holders products.

If Bobs Apple Orchard parked Apple.com and it threw up a bunch of ads for iPods, he would be running a substantial risk with that name.

The UDRP danger is in cases like ChilliBeans.com, where the term is blindingly generic, but the domain speculator can't really demonstrate any sort of legitimate 'use' for it so a retarded UDRP arbiter says it's a violation of the markholders rights, even though the domainer clearly didn't buy it for that purpose. That is the unspoken risk that all domainers face with WIPO; they really don't like what we do and even though a generic term might have multiple uses, they can still be trademarked for specific purposes and if the person who owns that trademark on those words wants that domain and the person who owns it is a 'domainer' who has it parked, there is often times trouble...

Comment #50

Is that even if you are running the same or a similar business to the trademarked term? i.e if I register "myhotdogs" to build a website for my mobile hotdog catering business but "hotdogs com" is trademarked would this be in violation?..

Comment #51


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

 

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