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Hello,.

I don't have now any problems with TM's, but I have a question..

I'm the /img/avatar4.jpg of Corsair.tv. Companies like this word so it's trademarked awfully.

I didn't try to market it to any enduser, but for sure I'll be interested in sale.

So, I've parked that domain, made a logo with kind of Corsair or Pirate (not by myself) and placed an info that domain is for sale - you can look on it - corsair.tv.

I don't have ads, I have nothing. My logo is pirate's related logo..

So now I'm safe? Nobody could take it from me?.

Thanks, Nick..

Comments (10)

As far as I know as soon as you start to sell a TM domain name there is a chance they can get it directly from you because you dont use it anymore.This has nothing to do with your ads..

I have also a TM domain in use since years and I will delete it after I dont use it anymore I quess. Because the only option is to ask the TM owner if they are interested in this .tld too..

Its always good to get rid of such domains ASAP...

Comment #1

Thanks for your comment. I think if I try to sell it to any of TM holders it could be a bad faith or something like that. But if they would be interested in my domain and they will contact me first, would it be possible that the TM case will be started?.

I don't think if I don't use the domain they can get it just because I don't use it.

I was talking about their ads on my parked domain. For example if I will park it at Sedo, probably there would be some ads and links to some of the Corsair companies. It's bad because it's also bad faith.

I think Corsair is very generic therm, it's the same as Pirate. For me it's very brandable word..

Comment #2

All I can tell you it's a difference if you have an active TM project since years for private use only or if you have a TM name listed at Sedo for sell.You are not save ! Dont believe if you dont use ads you are save because there is still the fact it's a TM name.And the owner has more rights..

Btw:Corsair is in the Wipo database...

Comment #3

I think you can still have it taken from you.

By selling it, you are still profiting from their TM and thats how they would look at it??.

Good luck..

Comment #4

Well, TM owner thinks that you know about the TM and you deliberately parked it to make profts...

Comment #5

Disclaimer: I'm not a lawyer.

The problem with this name is how would you use it AND sidestep all the tm holders?.

If you just leave it on a blank page or a picture of a pirate (assuming it in no way resembles a mark holder's logo) - you MAY be OK, but what good does that do you?.

If you actively try to sell it (to anyone, even just listing it for sale) that's bad faith. If a mark holder approaches YOU asking about it, THEY need to be the ones to contact you, make an offer and name a price. You mention a price or say anything about selling it and they gotcha (I think - see disclaimer above).

If you park it, have any ads on it or use it for profit in some other way, you need to steer clear of not only the tm holders ads but the use classes for which the marks are registered. That means go back to USPTO (and other databases, if applicable), run a search for it, click on every entry in that list and note the class of goods and services it applies to and make sure YOU don't use the name for any of those things...

Comment #6

Guys thank you all for suggestions, I really appreciate it!.

Ive picked the name because I just like the brandability of the name. I want to sell it but I want to be passive in this case.

Ok, so if I will put some videos for example with Johnny Depp as Jack Sparrow and delete this information about selling domain, would it be ok?.

So my videos will mean that I have my own project, and if any party will be interested in my domain, if they ask me how much, and I tell them the price  it wouldnt be a bad faith?.

I dont see here any bad faith, because I want to develop my own pirate related video site, I have original logo, the word Corsair is a generic term. I dont violate anyTM rights and if somebody will be interested in it I can say them Good buy or my price is& and it would be ok.

Am I right?..

Comment #7

If you name a price = you're actively selling. If you name the price to a tm holder or their lawyer they can use it to show bad faith. If they make an offer and you accept it, that's another matter. Just don't go violating any copyrights with the videos you post !..

Comment #8

Corsair is a generic word..

You don't have to worry about any trademarks that may be on this word..

No one is going to try to take this domain from you...

Comment #9

Dna, that is totally wrong, there are 29 "live" trademarks on this word - just check the TESS site to see for yourself http://tess2.uspto.gov/..

Comment #10


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

 

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