Advisable for a lawsuit..thats about it. Sedo wont take anything that will infringe on trademarks.
Your best bet is to WHOIS PRIVACY and take the reg fee that they will offer you before they sue you...
You are playing a dangerous game of TM infringement. The last thing you should do is contact a major company and try to sell them their TM. It shows bad faith.
More than likely you will be hearing from lawyers shortly about the domains.
But are brands with color names, surnames, etc. generic issues. Moreover, many companies have with variations of the same name. Also the domain was purchased on general availability, that is, anyone can buy a domain. Co at this time.
Domains need to have a generic use, as well as be used in a non infringing way.
Technically if you used Apple.co for a website about your apple farm it should be alright. But, if you use it in an infringing manner or offer to sell it to the famous TM holder it would show bad faith.
However, there are famous brand names that don't have a generic use. Even registering them shows bad faith.
I think you should offer them directly to the various companies and let us know the results in 6 months or so...
If you want to avoid bother, develop them for something different and you should be fine I would guess.
Offering them up to the companies at all will probably land you in deep doo doos.
I've done this too many times now to mention, the trouble is not worth the hassle... trust me.
I'll take some personal projects and others put on auction. Already more than 600 domains .co in auctions with SEDO and Goddady without problems.
Im interested to see what names you have? can you show us?..
LOL, WOT, that is mean to advice a newbie about such thing and you know it :-).
Mgrizal don't listen 2 him!!.
P.S: grace delete your domains!!!.
Get a refund on all 10 domains and then read everything here http://www.namepros.com/legal-issues-and-disputes.
If I were you I will politely contact the companies and ask them if they need the domains and atleast one of them may give an offer for the domain based on luck. You can wait...
There goes $300 bucks.
Actually I am offering a domain picking service, pm me for details...
Oh... sure... because developing something like Exxon-Mobil.co for a social networking site would be just peachy, and he would get an award from the legal community for being so darn clever.
It's really depressing that there are still folks who just don't get it. Bullets are cheap, and if you don't own a gun, perhaps you can borrow one to point at your head...
Sometimes the most obvious putdown is the funniest.
For the opening poster, I would walk away with your expensive lesson learnt, which is "I must not register the names of companies and trademarks who can crush my balls with a single thought from their lawyers".
Walking away with a $300 loss is certainly preferable to months or years of stress from legal action, which would will most likely lose...
Frightening, imo, but let's face it: I also have yet to see information on trademark basics become part of any registrar's sales funnel. Along comes a naive noob with a credit card and nobody's gonna clue them in (until they get here )...
But they do, and I quote: This was hidden on the auction page of go daddy.
So you see, they have made sure they are not liable and given everyone a completely useless line of text to ignore.
But I have to ask on the ethics of something, if GoDaddy appraise someones site at $20,000 and it has a watertight trademark on it, do they then become liable for it being sold as they are the ones who did not report it?.
They do profit in that way after all.....
Not only that, but many auction sites like Pool actually highlight the obvious TM issues. I am sick of the excuses from the auction houses.
The bottom line is they have a much larger budget than virtually any domainer. They have the resources to not auction off obvious famous TM issues. I know it can be subjective, but many are obvious to anyone.
Why don't they do it? That answer is obvious. It is in the interest of their bottom line not to take any action.
Seems pretty ridiculous that they can profit so freely on obvious TM domains.
I wish someone would hold the auction houses legally responsible for this behavior as "We are only the auction house" only takes you so far when you are knowingly featuring obvious TM domains.
After being inside the domain world for awhile, I have to say I can understand why it has such a sleazy reputation as far as the general public is concerned.
I thought is was the content which infringed the trademark. So does a domain without any content also infringe trademarks?..
I stand corrected! They probably have some equally ignorable text in fine print when you hand reg. a name.
What they don't have is a big banner someplace saying "New to domains? What you need to know about trademarks and domains - 10 tips that just might keep you from getting sued!"*.
Nah - that's such a buzz kill compared to showing some cleavage.... * (Not the best wording, but I'm sure their legal team could come up with some way to present this that doesn't increase the registrar's own liability)..
Some are more obvious than others eg. Mr Ho Chi Wong having the domain name oprahwinfrey.co on auction at a large auction site...
There are terms that have more than one potential use. There are also terms, such as famous made up brand names, that have no generic use.
At a minimum, the registrars could hold a database on registered trademarks, and ask questions when anyone other than the trademark holder tries to register them. This would have saved the OP and many others from registering names which are a liability.
Auction houses and parking companies have an easier task in keeping out Tm domains because all they have to do is write a disclaimer in their TOS.
There should also be monitoring of companies to make sure they defend their trademarks adequately, with realistic penalties for failure to do so.
The search engines are the biggest hypocrites IMO. As they have the ultimate power when it comes to monetization, which is the driving force behind cybersquatting.
All of these things could be easily accomplished 'in house'..
And could almost wipe out the practice...
How is it that he was able to register domains of companies without the companies getting first dibs on them first? Am I missing something per the requirements that were set forward?..
Because "First Dibs" is pretty much a scam whereby the registrars charge an exorbitant fee for their services, it is basically legalised extortion and many trademark holders refuse to pay it I am guessing...
Many companies either were not aware of .CO, or did not care. However, that still does not give a right for squatters to move in and buy obvious famous TM infringing domains.
If I was a big company I would rather write a letter to acquire the name from a cyber squatter than to pay a high pre-release price. There is no rush to go out and reg it if you are entitled to it legally at any time...
Take the advise of everyone who has posted here. I would personally think your post here is enough for a trade infringement lawyer to use, once they find out which names they are, and who registered them..
It's not that easy to get rich selling domain names. A person won't be lucky enough to register 10 great names, and them have companies buy them from you. A year from now, you will either be in court, or will still have 10 domain names, because these companies won't buy their name from you..
If a company couldn't be bothered to spend the money to register the domain in a defensive manner they are unlikely to file a lawsuit which many of the respondents claim. If anything they will file a UDRP which is quicker, simpler and more corrupt and easy to manipulate...
[did I say that out loud].
They may - if the site in question proves to be a problem, successful, an issue - file a UDRP. Now people say this cost $1500 - but you can go after 5 domains at a time.
However, nothing stops a lawsuit and some companies do take this approach - they have permanent lawyers on staff.. why not?.
What people should be aware of though is that the jurisdiction for resolution is the country of the registrar. I don't agree with the ACPA - and it won't likely happen but if it does - may be applied and the punishments are decidedly STIFF. So if you regged in the good ole U S of A.. beware that you might not like the law.
On one more note.. DOES NO ONE READ THE T&C THAT YOU SIGN OFF ON WHEN YOU REGISTER A DOMAIN?..
I would think that hardly anyone reads all of the notices and small print when they buy domain names or join auction sites and forums..
The fact that they have these notices and disclaimers just covers them against legal action.
They get away with it by making it difficult to report abuse, or by only allowing the reporting of abuse on your own intellectual property..
They know full well that the biggest majority will not get reported, and they can then earn their share of the dirty money..
The laws need changing to make them pro-active and accountable in the fight against cybersquatting...
The problem with these sorts of discussions is that not all trademarks are of equal strength, scope, fame, territoriality or validity.
But that observation is no excuse for registering distinctive marks based on an intent arising from those marks.
It's easy to say that registrars should have some sort of mechanism for preventing registration of famous, inherently distinctive marks, but there is likewise no mechanism for registrars to know whether the registrant is an authorized agent of the mark owner...
Also difficult not to generate false positives with an automated process.
For example: Let's say there's a famous brand called "Ackme". (Maybe there is? Just an example!) Would an automated process try to block SnackMealRecipes.tld? And would it miss the typos and misspells or try to get those too and generate more false positives in the process?.
Anyone listed domains at Afternic the last few years? They try to scan for tm's and adult names when you list, but I've had some of the most unlikely names get caught in the filter and held for hand review.
It would be a gargantuan task to manually review new registrations, more doable on the auction side.
Registrars could easily make education about tm issues more prominent on their sites, if they chose to do so...
Well time will only tell when they come after him/her with a hammer/machete. lord knows someone trying to take away from THEIR traffic. Then try to sell them their own trademark.. Who dey think dey is??..
I agree, in the case of registrars, even if the examples you showed was flagged up by automated software, they don't need to block the registration. They could simply interupt the registration process with information about Tm infringement. If the applicant continues with the registration, and it is an abusive one, then it is another nail in the coffin if or when procedings are brought against the registrant...
That kind of thing used to happen at one of the auction houses for names like ChesapeakeBay.com...
The biggest issue I see for most of these T&Cs is that they are 3 billion pages long in fine print of almost indecipherable language.
And these companies know this and they know that 99.9% of people cannot read it, let alone understand it.
When are courts going to start sitting up and realising this?.
Make companies who wish to hold laypeople to a contract have to have simple plain English language?.
There was a case sometime back which someone won in England I think it was where they were released from a contract just because it was clear as day that it wasn't meant to be understood by anyone.
My thought is, if you want a contract to be upheld then you make sure it can be understood by the person doing the signing, no mumbo-jumbo and absolutely no legalese.
What is wrong with simply having a line like this:.
"Taking the trademark of a company to which you are not the owner or authorised is illegal, and carries a $100,000 penalty".
It is short, it is simple and there is no way anyone could have their eyes glaze over like they do when reading Les Miserables in the original French translated to Swahili, to Vietnamese, into German for good measure and back into French again.
Te terms and conditions are structured in such a way that they will never be read by anyone on purpose but they will give a company all rights or wash their hands of all responsibility and this has to be changed.
THEY (the registrars) take the money, it is their responsibility however you look at it and they should be held accountable. They are after all profiting from stolen goods willingly and knowingly...
I see... so the guy who registers "TIDE.tld" in order to publish software for predicting ocean tides is going to be nailed for $100K because TIDE is the trademark for a laundry detergent?.
Every problem has a solution that is simple, and wrong...
Every problem that has a simple solution can be and will be complicated by an army of lawyers ~ Some wise guy years ago.
Now we are getting down to minutiae JBerry, you know that I never once mentioned fair use laws or anything like that because I was keeping it simple. Same as I never mentioned the apple orchard analogy.
Now, I am sure you can twist any sentence I write into a convoluted monstrosity that bears next to no relation to plain English but basically means the same thing, but how can you expect any normal person to understand it?.
And that is the issue here, so many of these terms and conditions are not meant to be understood by anyone, they are meant to be confusing so that obscure clauses that be hidden inside that give the organisation all the rights and privileges. People cannot and tend not to read through the many scrolling legal documents that we are FORCED to accept without any ability to question them.
And please don't come back and say no one is forced to accept them, you know what I mean. When was the last time you declined to use a canister of oxygen in an airless room? When your only choice is their choice with all the stipulations attached that is "forced" much like you are forced to buy a Microsoft operating system with a new computer because it is the only option available to you.
When was the last time you questioned one of these scrollbar legal contracts and won (or got it changed to your specifications) in a meaningful way?..
I have never felt this way. I've rarely bought Windows pre-installed. It's not much different from this, ignorance isn't an excuse really. You can educate yourself, the resources are freely available. If you choose not to do so, how is that *not* your fault? You do have a choice with the example you gave. You have the option to build your own computer, buy one pre-installed with Linux, buy one with no operating system, etc. You just need to educate yourself...
I'm a newbie so I'm not quite sure of anything - but I read something about a "Sunrise" period where companies could grab their names before .co's were offered to the public. IMO, registrars shouldn't be listing products that are blatent infringements.
And, it appears that some registrars will snap names up after you do your research and bag them before you have a chance to register them. So if they can do that they should very easily be able to snag out what would be or might result in a possible lawsuit...
Just like you open a door for company come to sue you.....