GoDaddy user reviews : Good idea to order GoDaddy?? Is it still TM infringement to own a certain domain but not use it

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Is it still TM infringement if you own a domain say (hypothetically if it was available), but didn't do anything with it.

I'm just curious.

If someone were to use a Trademarked domain, then would it depend on the context the domain is being used in, right?..

Comments (9)

Well google since it was made up tm issuses will arise but say you own and sell apples the fruit on it then you should be ok..

Comment #1

I knew that much, I guess google in this case was a bad example. What about a domain

Comment #2

Lets just say it's safer to stay away from tm..

Comment #3

In a UDRP bad-faith will be tough to establish but imho it's going to depend on the panelist and how well the laywer has constructed the argument. Bad faith can be established by other means the character of the person and how many TM domains he might hold. Or maybe if he lost a previous UDRP...

Comment #4

For one thing, how do we know you do nothing with it. The domain might have no active website, but be used for phishing E-mails.

Also, the simple fact that the domain is 'warehoused' may be interpreted as an attempt to hold it for ransom ie. waiting for the trademark holder to come forward and make you an offer...

Comment #5

As long as you are in telepathic communication with the OP, perhaps you might clue the less gifted of us in to what you are both thinking.

The operative question is simply then going to be "why did this person register a TM domain name, and not use it for any discernible purpose"?.

The answer is going to boil down to some flavor of "to screw with the TM holder". Not entirely, no. If you had some variation of "Coca-Cola", then it's not going to matter if you were using the domain name to advertise, say, auto parts. It would remain perfectly clear that you were mis-using someone else's famous mark...

Comment #6

Thanks for all the posts guys, I found the answers I needed.

This has turned into a great discussion Great points L2..

Comment #7

And the both of you have missed close to a decade's worth of case law on this point. WIPO Domain Name Decision: D2000-0003 Now, that case is from 2000, and is the most frequently-cited case on the subject of "passive holding" as bad faith use.

Check out some of these: Index of WIPO UDRP Panel Decisions..

Comment #8

Yes, if you refuse to sell the domain to a desiring TM owner.

If you have not been asked by a TM holder- NO.

Use it, or lose it.

There is a statutory penalty for cybersquatting of from 1000-100,000.

This is legal advice but I am not a practicing attorney.

Use it at your own peril. | | | | |

Comment #9

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


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