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I just received an e-mail from a very big company asking me to: "Transfer this domain name and any others you may own containing the word "********" to ********. (per our instructions) ".

My question is if they really have the right to enforce this??.

The domain I own contains two dictionary words and the one of them is a TM registered by them since 1974 as they stating in their e-mail. The domain right now is parked and doesn't contain any links associated with their company. And if does it directs traffic to them.

I don't want to post the domain name here for obvious reasons.

What should I do?..

Comments (32)

If your ads have nothing to do with their product then they have no recourse..

Comment #1

Even if they have I don't choose the ads. Parked does.

Any other views? What should I answer them?..

Comment #2

If you have it parked chances are that the parking company may have advertised that brand on your site and pointing it to another website selling that trademarked item and that may be an issue. If you ran the site and used it for any other purpose, then I cant see it being an issue..

I think there was a thread on something similar to this some time ago...

Comment #3

So if I change the ads in the parked page there is no problem I suppose..

Another question is how should I handle them. Should I offer them the domain for sale or just ignore them?..

Comment #4

As much as I might grow tired of the "Read DNQuest's signature" response, this really is something that is has been covered many, many times. In the interest of continuing to build the community, however, I'll say this:.

1) Offering it to them for sale can be evidence of "bad faith" should they decide to go the UDRP route.

2) Whoever chooses the ad, you chose the ad provider, and if competing ads show up on the page that is bad as well..

3) What is your legitimate interest in the domain name? Something tells me you bought it precisely because of the TM, no?.

4) On the "should I ignore them" question: search "worst (Or maybe 'worse') that can happen" in this forum to get an idea of what they could do if they were so inclined.

-Allan..

Comment #5

First of all when I registered the domain I didn't have a clue about their TM domain. I registered it because I liked it as a two word combination.

Secondly..since when dictionary words can be trademarked?? Let's say I own frontpower dot com and you say you have a TM in power dot com. Am I obliged to give my domain to you? I don't think so.

Regarding the ads I say maybe that is the only thing they might have a point against me but finally I checked and all links regarding their product are directing to many different companies and none to their site.

And after all you didn't give me any directions about what should I do.. you just tried to frighten me with the legal consequences...

Comment #6

Oh, when they're used in commerce, FYI. Apple, shell and tide are dictionary.

Words, but they're also trademarks for computers, oil products, and detergent.

Respectively.

If the domain name's parking page showed ads of, say, competing products of.

The trademark, that might be what got their attention. And if they also saved.

A screenshot of it, changing the domain name's current site might make them.

Believe you're trying to avoid liability.

One option is to give it to them for free. Another is to sell it to them only for.

The registration fee, which they aren't required to give at all if they don't feel.

Like it.

People can give all sorts of suggestions and even "advice" what to do. But it's you who will ultimately decide.

Unless, of course, you don't mind letting an online total stranger tell you what.

Exactly to do. But they're not going to take the fall for you...

Comment #7

To give you an example of what he's saying here.

Let's say, for example, you owned APPLE.com and the computer company did not. You park it and display ads selling the FRUIT. That's completely fine.

The moment that domain shows an ad for computers and someone can prove it...you can pretty much kiss that baby goodbye...

Comment #8

Here is my advise, if the company is so huge get real legal advise and do not go with what is said on a free forum. not to say that posts here are not valid. dont get me wrong.

But if you cherish your domain so much just politly reply and state "I have reviewed your concern, please give me X business days to look at all my options" or something like that.

After you get that advise, get another and a third. then with this information make your own decision based on the outcome of choices.

Spelling is off but screw it...

Comment #9

This stuff can be complex or dead simple, depending on what you are doing with the domain, and how similar / confusing your domain is with the TM of a company.

Without knowing the domain, any advice you get is just guesswork. Part may be dead right...or wrong. How will you know? If you've already received a C&D, post the domain so we can see....just post it so it's not obvious, like green/thunder (dot) com, and searches won't show it.

If you don't want to share the name, then read up about TM law. Lots of places you can go to find out about it. The main guidelines will be a three-part test....you'll know it when you find it.

Finally, make sure the e-mail you got is for real. Lots of scammers are sending e-mail to scare names from people. Should be easy to confirm...

Comment #10

Never thought that some of these guys could be lawyers themselves?.

My advice - Think wisely, What you do could wreck most of your life...

Comment #11

PM me the domain name and I will give you my honest opinion...

Comment #12

Front/vanguard (dot) com.

The truth is that parked for some time displayed ads regarding funds but after I received the e-mail I changed that. Before the e-mail I didn't have a clue about TM issues,for this particular domain...

Comment #13

Hmm...what was your intent on registering this name?.

I think you should give up the name. Always amazes me when people register crap and then want to keep it. That name isn't worth reg fee my friend...even IF you valued it at $50-$100...that's not enough for you to fight for it. You would lose a UDRP anyways.

You have had the domain for only 2 months...you probably paid 1&1 about $6 for the name...things have to be kept in perspective. Fight the good fights is what my lawyer always says...

Comment #14

I don't care if the name worths 10$ or 1000$. The only thing I care about is that I want to develop a site about military history on this domain and in my view this is the perfect domain for my project. Something that looks crap to you might be a treasure in another's person's view.

What makes you believe that I will lose a UDRP anyway?.

Some things in this world cannot be measured by money...

Comment #15

You responded to my post like I had taken a leafblower to the chip on your shoulder, so I should just bow out here, but (I'll disguise it like you did) front/vanguard. (com) as a military site? Really? And with private registration from 1 & 1? http://www.google.com/search?q=%22fr...ient=firefox-a.

Doesn't seem to be a military combination, any more than my saying GuitarYamaha.com is really about musicians that were on the battleship... (Wasn't that a battleship? Bah - analogy holds )..

You are no longer here for information; you are looking to justify yourself/your actions/registrations, and that typically just involves you digging a deeper and deeper hole for yourself..

-Allan..

Comment #16

Unless you put up a site that shows your military intentions asap, you are in danger of more that just losing the domain. Even though you had no idea you were infringing by running the investment ads, the fact that you did hurts your credibility. However the association with investing came about, you should have thought about how it did. Any Google search about vanguard will bring tons of entries about the power-house fund. It will be pretty hard for you to argue that you didn't Google the domain before buying it....and if you did, you would be aware of the similarity to the vanguard fund....know what I mean?.

If you truly are going to build a military site, your options are limited. Get on the phone and call them. Explain what you want to do...give them a timeline that you will adhere to and see what they say. If they agree, stand by your agreement. If they insist you turn over the domain, do so...with no hard feelings...

Comment #17

Unfortunately there are various UDRP decisions going against respondents for.

Domain names showing parking pages, moreso if they showed ads of products.

Of a trademark holder's competitor/s. I recall one UDRP similar to your issue in.

Which the respondent (barely) won, but that's no guarantee yours is going to.

Be decided the same way.

You don't have to justify yourself to anyone around here. But you sure got a.

Lot of explaining to do to someone who appears ready to force the issue.

If you really want solid "advice", then do what Grassman said: get a real legal.

One...

Comment #18

Is it wrong to register domains privately?.

The reason I am here is to get realistic approaches to this matter but it seems you have a problem with reality. http://en.wikipedia.org/wiki/Vanguard http://dictionary.reference.com/browse/vanguard.

Vanguard /vngQrd/ Pronunciation Key - Show Spelled Pronunciation[van-gahrd] Pronunciation Key - Show IPA Pronunciation.

noun.

1. the foremost division or the front part of an army; advance guard; van..

2. the forefront in any movement, field, activity, or the like..

3. the leaders of any intellectual or political movement..

4. (initial capital letter) Rocketry. a U.S. three-stage, satellite-launching rocket, the first two stages powered by liquid-propellant engines and the third by a solid-propellant engine..

[Origin: 148090; earlier van(d)gard(e) < MF avangarde, var. of avant-garde; see avaunt, guard].

Dictionary.com Unabridged (v 1.1).

Based on the Random House Unabridged Dictionary, Random House, Inc. 2006..

American Heritage Dictionary - Cite This Source - Share This.

Vanguard (vn'grd) Pronunciation Key.

N.

1. The foremost position in an army or fleet advancing into battle..

2..

1. The foremost or leading position in a trend or movement..

2. Those occupying a foremost position...

Comment #19

Not worth fighting for afaict. Next time you register a Vanguard domain do not park it...

Comment #20

While there's nothing necessarily wrong with that, the trademark holder might.

Use that as part of their argument of your bad faith intent with the domain. I.

Won't be surprised if they've prepared their "case" well.

You can continue to argue with whoever doesn't agree with your position. At.

The end of the day, it appears the trademark holder is prepared to settle the.

Issue with you once and for all, and no one else here will lose anything...

Comment #21

My "problem with reality" has nothing to do with not understanding that "vanguard" has more than one meaning, and if you had developed said site with a military theme, I might even be applauding you (Well, not you, but the hypothetical "you".). But to claim you had never heard of Vanguard... well....

And now I will give credit where credit is due, the first time you posted the name here it was with military related domain names: http://www.namepros.com/domain-appra...ms-listed.html , so you aren't a "BackVanguard.com", "FunVanguard.com" kind of registrant, but that doesn't give you free reign to as you wish with the advertisements on the page; namely, you parked the domain with mutual fund related links..

It's early and I'm tired, but at this point you know where things stand - I personally would chalk it up to a learning experience and move on..

-Allan..

Comment #22

I have heard about Vanguard as much as you have heard about intracom or dei here in Greece. I am telling you that I didn't have a clue about them until 2-3 days ago.

Regarding the ads in the parked page I admitted that after the e-mail I received I checked and I found that 1 out of 10 categories was about funds. I removed it immediately as I didn't knew that this was wrong until I received the e-mail from the company.

Regarding the domains you mentioned all "front" series domains (plus the sea ones) have all military orientation. Is that wrong?..

Comment #23

This is from your first post. Unfortunately, in domaining, actions speaks much louder than words. While you may not have known about the TM (cough, cough), when you register the domain, teh TOS states it is your responsibility to make sure there are no TM issues (that is a paraphrase). So at this point, bad faith could be proven. The domain is not developed, so what you do riight now could be construed as "trying to act in good faith".

On a personal note, whenever I see someone post the dictionary meaning of a word in defense of a domian registration, nothing anyone says here will make a difference.

PS- I am sorry Allan, I know "Read my sig" gets a little pretentious and I have slowed down the usage and started incorporating it in a valid responses. But you have to admit, whomever does it will be better for it..

Comment #24

Regarding the ads in the parked page I admitted that after the e-mail I received I checked and I found that 1 out of 10 categories was about funds. I removed it immediately as I didn't knew that this was wrong until I received the e-mail from the company...

Comment #25

You are driving down the road doing 65mph, a cop pulls you over and tells you he speed limit is 45mph. You tell him you did not know it was 45mph. Is he just going to let you go with no ticket because you said you did not know. Sorry, but ignorance is no excuse.

Again, it is your responsibility to make sure the domain YOU registered does not infringe on a TM...

Comment #26

No. You also have to promise to drive 45 from here on out..

Comment #27

Isn't it your duty to make sure you're not getting your hands in TM's like check the trademark database?..

Comment #28

One could check a trademark database. But what if it's down, and what if an.

Unregistered trademark exists somewhere around the world?.

Don't forget that registrations per se don't necessarily infringe. It's how they.

Will be used that can cause problems...

Comment #29

Or one could google the name and see what comes up.. maybe use common sense to see products/services/company names being used in commerce... just a though..

Comment #30

I still don't see why over $8 you care this much? If you want a military name you can get another one and this time...don't park it. Forward it to a blank construction page instead.

AdvancingFleet.com (fleet is a bank).

MilitaryFleet.com (amazingly actually available..grab it quick).

Anyways...those 2 are available and just proves my point that if you were serious about creating a military site....name are available to do just that.

Legally you are in a weak position. You have to ask yourself if it's worth the trouble...

Comment #31

Thank you all for your encouraging or discouraging views on my problem.

I have answered to the company but I have not received a response yet...

Comment #32


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

 

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