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GoDaddy reviews : Good idea to pay for GoDaddy?? trademark Infringement - handing over domain - can i ask for some $

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Today I got my second trademark Infringement letter. first was <trademark>com.com so I just gave away but I guess if I used their affiliate program for that domain name initially I could have been safe.

NOW this case.

Domain is the <Trademark> .com but they are using some other domain for their website..

Its not a scam, and it's from the holding company of this company.

Though it's a trademark it's Pioneer<Keyword>.com.

I registered the domain few months back.

The word pioneer means "early, first" sort of things as well, so the domain name got a proper generic meaning as well.

Its making some parking $ as well.

Can I ask for some $ in favor of handing over the domain as the domain is pretty generic as well.

In their site it says <domain name>, Inc.

<trademark domain name which is mine>Inc.com is parked as well (owned by a company with more than 100000 domains).

Checked with http://tess2.uspto.gov/bin/gate.exe?...002:Osi812.1.1 and it's a valid trademark..

Comments (6)

Can you please elaborate, as this is a pretty generic keyword .com as stated in my post. I'm sort of havent got much experience with these thing. but suppose things can be worked out between the company and me to agree on something small for handing over the domain as they send the trademark infrigement letter asking me to hand over the domain. I'm a newbie so please excuse if I'm wrong.. thanks in advance.

Is there any one who is experienced, reacted with anything like "thanks for bringing the issue to my notice. however I have registered the domain with good faith as this is a generic domain. I would be willing to hand over the domain in the case it is your trademark, but if you can compensate it with sort of $200 it would be great as development plans for this was underway.".

Anyways I have another developed domain and a parked with this keyword..

The domain in conversation is Pioneer<Keyword>.com in which pioneer can mean "early" which is a clear match for my domain when developing..

Comment #1

You can call a skunk a striped cat too, but it still stinks.

Fact is, you have a TM infringing name - by your own admission.

Sure, you could "ask" to have your costs reimbursed but even that may not get you anything. Unless you can actually show $200 in actual costs to obtain the domain, even though it is a piddly amount it still is in excess of your "out of pocket" costs - That makes it an attempt to profit from the TM holder.

Now, I doubt they are going to go after you with the Lanham act over $200 (unless you don't give them the domain) but they sure could if they wanted to at that point.

But since it is a piddly amount, why even bother considering all the risk?.

Learn a lesson and stop regging TM related domains or you'll eventually get schooled by a TM holder.... and you will not like that lesson at all if it is forced on you...

Comment #2

Thanks cartoonz.. rep added.

Now going through my whole portfolio for obvious TMs just noticed that there is a 5L.com which displays sort of ads relevant to a misspelled 5L TM Brand by default parking.. gotta change it to some other keyword..

Comment #3

If you had developed a site that is genuinely about pioneers, like something about Daniel Boon and Simon Kenton and so on, then you could argue that it's a generic word. Intention has a lot to do with dispute decisions.

See Domain Name Dispute Resolution.

"Likelihood of confusion" is extremely important in trademark law.

In my opinion, if the domain is just parked, and if you have a lot of other trademark names registered, the decision would go against you...

Comment #4

It's probably doubtful that you registered this domain in good faith, but even if you did, it's more than likely that you're parking company has some bad faith adverts on your page. Just give them the domain, would be you're best response...

Comment #5

If it is a very large company, I'd try and squeeze the most money I could from them....In some cases like this, the "out of court" settlements are staggering amounts...Of course, this is very risky, but in some cases, it really pays off, although some on this board would say it is unethical.....

Comment #6


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

 

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