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I should have known when I regged endorphinbranding(.)com that it was too good to be true. I saw the phrase used on a blog and found out it's a genuine concept. I did a quick Google search, saw that the phrase was asoociated with a book some guys had written, but I didn't see it as a red flag.

So I snatched it up with alacrity and then decided to continue my research.

I found out very quickly that "Endorphin Branding" is trademarked.

My question is, how do I get out from under this white elephant? I don't want a lawsuit; I would never have regged it, obviously, had I know it was tm'd..

What's the best way to handle this?.

Thanks in advance.

Padder..

Comments (10)

You can contact your register and ask for a refund if it has only been a few days. If it has been more than a week you can just cancel the domain if you are worried about it...

Comment #1

It's stunning that a group of hype marketers didn't even bother to reg their own TM domain. Might not be the smartest batch of clowns...

Comment #2

Thanks neobodhi. I'm going to contact GD and ask for a refund.

Padder..

Comment #3

I decided to email the trademark holder for Endorphin Branding, who is also the author of WHIFF! a book about using scents for all kinds of purposes.

I told him in the email that I had registered the domain, but since it was his trademark, I would be happy to simply transfer it to him. Much to my surprise he called me today to thank me for contacting him and giving up the domain. He said he had registered it years ago, but that it slipped through the cracks and he forgot to renew! He said he owns about 500 domains and is involved in several projects; scent marketing being the biggest.

We had a really pleasant conversation. He talked quite a bit about scenting and why he thinks (hopes) it will be "the next big thing". Really piqued my interest!.

He offered to reimburse me the reg fee. I asked him to send me a copy of his book instead and we'd call it even. He said he'd be glad to.

To top it all off, when I suggested that he develop a mini-site for endorphinbranding(.)com he said it was a good idea and wanted to know if I'd do it! I said I'd be interested, but would want to read the book first.

All that from a botched hand reg!.

I hated to lose endorphinbranding, but I found some solace in regging a few related names...

Comment #4

Wow, congratulations!.

Always nice when things work out for everyone involved..

Comment #5

Nice little story. But I think the last thing you should ever do is contact a TM holder to let them know you've infringed on their TM. LoL. Im glad it worked out for you, but my advice would have been to simply delete the domain name...

Comment #6

Were I a cyber squatter, intending to fight to keep the domain, I would agree. However, since I was going to follow the good advice that I got here and delete it anyway, I felt there was no reason not to alert the TM holder. It was a no-risk email, plus I was keen to find out how the name became available in the first place. I'm glad I didn't. I would have missed a chance to make contact with a nice guy and entrepreneur...

Comment #7

I pushed the domain name to the new owner just a few minutes ago.

Then I regged another scent-related domain.

Padder..

Comment #8

Unhost and un park it..

Also if it's within 5 days grace period you can cancel call first gd for a refund...

Comment #9

Looks like an excellent ending to your story. The book is probably worth more than reg. fee so technically I would say you came out ahead on it! Not too mention, possibly pulled another project with him. Remember, if you do the mini site and do it well, he has 500 other domains and some of those just may also need some development.

Best of luck to you!..

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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