Microsoft will not sue you, they will not buy the domain from you... Actually they might not even bug you at all.. If you put anything Microsoft on that site then they might have an issue.. I'd sell it to a dummy.. get rid of it.. their hard to sell anyways.. even for a few bucks....
Approaching MS will be your second mistake, first being Registering the domain. Maybe the first owner did not renew it because of the trademark issues he saw for the future. Lose the domain ASAP..
Drop it like it's hot - Either delete the name from your account - Or email MS and offer them the name for FREE and tell them that you didnt realise they owned a TM on this name and would like to give it to them as you just found out.
Dont try and sell it to them or advertise any MS products as to me and everyone else sounds like the name has been registered in bad faith...
Why dont you put it in the domain bargain bin...Google might grab it..haha.
*dump it asap*.
Heres why..DomainFight.net - The World's First UDRP & Cybersquatting Search Engine: Seach NAF and WIPO Panel Decisions...
Ok, well how about I just share the domain with you all so you can provide more informed advice:.
I currently run a forum on the site.
It ranks number 1 on Google for Xbox Live Arcade.
I know that MS owns Xbox Live as a TM but I don't think they own Xbox Live Arcade as a TM.
So you think it'd be stupid to contact them and ask for a fair price for it?..
Stupid would not even begin to describe that idea......
It's really that stupid??.
Any others care to chime in?..
Oh come on man.If you buy a domain and then approach the TM owner saying "Yo wanna buy this TM'd domain name for $xxxx?"...that is most probably the worst thing you will ever do.Especially microsoft.They will make an example of you and have the "bad faith reg" shown with your (blackmail) mail.Worst thing you could ever do.If you are lucky,very lucky,you could hold the name until registration time and slip under the radar.If you get busted in that time I suggest a grovelling mail may just keep you out of court. "May"..
Dont do it!.
Like I said before drop it or write to them and give them the name for FREE and apologise explain you didnt realise the TM effects etc...
Well, I don't think it's trademarked but I know Xbox Live is.
Yah... perhaps I will just offer it to them for free. I own the .org and perhaps I could ask them if I could keep that...
And you have XBOXLIVEarcade.com.
And somehow you think it isn't covered by the TM?.
Adding "Arcade" after the TM (a TM including GAMES!!) and somehow thinking that changes everything is stupendously ignorant.
Look up the definition of "cybersquatter"..
Still think it is a good idea to try to sell it to Microsoft after reading that?.
Personally, I don't even think you should bother trying to "give" it to them... just lose it. Set it to dead nameservers. do not renew it. Just get away from it.
...and do a lot more reading so that you actually understand what is "ok" and what is not.
I know full well you have some other valuable domains, focus on developing them and stay away from anything even remotely infringing on TMs and you'll be fine. Seriously, this one isn't even worth discussing it is so obvious...
Yah, I was probably kidding myself.
I'm going to approach Microsoft to give it to them and move the site to XboxLiveArcade.org..
That's probably going to be your best option. MS has no problem or issue coming after the little guy especially if you are infringing on their legal rights and usage...
WTF difference do you think it makes to use the .org instead?.
The issue isn't the extension, it is the TERM. That will get you into trouble.
Seriously, you cannot be that daft to not understand this...
This thread is funny.
Oooh... Chris you made my day...
Lol, I just don't want to throw it away but you're right I need to do that. lol, I'm that dumb eh?..
All these TM issues are getting out of hand....
I mean we can't use any registered tm name in our domains or we can be sued.
How would you ever use xbox in your domain?.
'xlookingboxconsole', 'xconsole', 'nottheplays3consolebuttheotherone'....?.
Will google/microsoft sue us if we use the domain: googleownsbing.com?.
(yes this domain is still available).
Who is there to judge if a domain is infringing any TM law?.
I know there is still common sence, but where is the limit to it?..
It's actually very simple Killay. You just have to remember following:.
Do not use a word/term that has a TM, in the same genre/category as the TM is in. And don't use it in bad faith.
Ex1. you can't use the word "apple" in the categories that the TM is registered on, as in "applemusicdownload", but you can use it in "appleandoranges" IF you have a website about fruits and nothing with electronic/computer/music at your website.
Ex2. you can't use the word "googlewebsearch" in your domainname if your website is about websearch, but you can use it in "googleants" if you have a website about the Madagascar ants in short called Google Ant (Proceratium google).
Ex. 3 you can't use the word "bing" if your website is about websearch, but you can use it in a site about ideas Bing I have a idea! OR a fansite about the character Chandler Bing in "Friends".
So it's really very simple, just dont use the term in bad faith and in the same category as the TM is in.
Maybe I'm all wrong...