Domain name for dropshipping - DMCA problem

[deBling]

Hi, I found a website with airmax name that has been droped, and i want to restore and flip. Its aged 4-5 years domain, but i am scare for DMCA complain from NIKE. Ii is a good idea to sell on flippa without complain ?

 

[Black Nothing]

I would do it.

 

[OnniChan]

Yeah, sure... You paid for it, if they want it, then sell it to them, it is their fault why they did not get the domain the first time.

 

[waterworks]

You should first check the US PTO database via TESS search to see if anyone still uses that Mark or owns the trademark and if so what category are they using it for?

‘Airmax’ produced 53 results and many of them LIVE. Youll have to read through them to look for conflicts.

 

[deBling]

Cat Dropshipping? Selling nike shoes.

 

[blogzandstuff]

Yeah, sure... You paid for it, if they want it, then sell it to them, it is their fault why they did not get the domain the first time.

Unfortunately it doesn't work like that. If it is a trademark then forget it. Even if someone is mad enough to buy it and they get caught using a trademark they could sue you. I know I got sued for using a trademark

 

[OnniChan]

@blogzandstuff, I know. What I usually do, if I come across a free-to-grab trademark, I don't use it, I grab and pay for small $$ then message the company that I got this domain and no intention to use it since it is trademark, then offer them a price and sell it to them. Otherwise, you can use a broker to broker this to them. If they don't grab it is there loss.

 

[blogzandstuff]

@blogzandstuff, I know. What I usually do, if I come across a free-to-grab trademark, I don't use it, I grab and pay for small $$ then message the company that I got this domain and no intention to use it since it is trademark, then offer them a price and sell it to them. Otherwise, you can use a broker to broker this to them. If they don't grab it is there loss.

I tried that and was told it would open up the flood gates, everyone would buy variations of the name and keep selling it. It would cost the company millions. You could sit there all day buying variations of trademark names and selling them, they won't do it. I had to hand over mine for free as part of the lawsuit settlement

 

[OnniChan]

I tried that and was told it would open up the flood gates, everyone would buy variations of the name and keep selling it. It would cost the company millions. You could sit there all day buying variations of trademark names and selling them, they won't do it. I had to hand over mine for free as part of the lawsuit settlement

Let's say the brand name is Active Fitness, and I came across cheap activefitness[dot]com, now that's a brandable url, they can't say NO to it. But if I'm just one of those rupee people who tries to imitate what others are doing, found out that activefitness[dot]net or activefitness[dot]co, I as a company owner would not bother those, especially if I am ranking oh so well these all other domains would just go down to the bottom of the ocean.

 

[blogzandstuff]

Let's say the brand name is Active Fitness, and I came across cheap activefitness[dot]com, now that's a brandable url, they can't say NO to it. But if I'm just one of those rupee people who tries to imitate what others are doing, found out that activefitness[dot]net or activefitness[dot]co, I as a company owner would not bother those, especially if I am ranking oh so well these all other domains would just go down to the bottom of the ocean.

Try that with Amazon and see how far you get

 

[OnniChan]

Try that with Amazon and see how far you get

Err, with Amazon, that's another story...

 

[deBling]

actually its airmaxmalls domain, i want to flip it, if not then it will be safe redirect to a new domain?

 

[blogzandstuff]

Err, with Amazon, that's another story...

Seems we're both talking about different things, so we'll leave it there

 

[waterworks]

actually its airmaxmalls domain, i want to flip it, if not then it will be safe redirect to a new domain?

You can redirect all you want because you wouldnt be using it for business techincally. All companies do this. I e mistyped microsoft domain as micorsoft a few times recently and landed on some bs website. I accidentally mistyped ebaumsworld this morning and was redirected to realtor.com, ROFL

Again though, like I said. If you wamt to use it as your main website, you’d better make damn sure its not trademarked in any category near yours. And with the word ‘malls’ in the name which immediately suggest retail, id say you have no chance at using it for anything related to retail, not to mention Nike had shoes of same name. Do your trademark homework before you get into a legal mess that will crush your soul.