One cannot assume that ALL domain names that MAY fall under a trademark will be contested by the trademark owner.
Somewhere around 2003, I won an auction for an expired EMD .com domain name that CLEARLY came under the tradmark protection of a MAJOR brand. I rolled the dice and paid roughly around $600.00 USD. (Caveat, I do not recomment this course of action unless you are prepared to lose your investment).
My thinking at the time was, churn and burn and move on; it would have been worth it!
Remember, at that time there was no Estibot, moreover, my attorney advised against the purchase. Concerning that domain name, here is what Estibot has shown since 2009.
I've made money with this trademarked domain name since I purchased it; never once have the legal beagles from that corporation contacted me. If they ever do, I'll assess my options at that point. BUT! I'm not worried about it in the slightest. The domain is owned by one of my corporations, which is tucked away in Holding Corporation, which is under the ownership of an overseas trust. Which means, I have ZERO personal liablity!!!
Switching gears, there was a corporation that trademarked a name and built a MAJOR business on that name; the problem was, I had acquired ALL of the TLD related to that name prior to their trademark application.
Once their trademaek application was approved, their attorney sent me a cease and desist letter along with a demand to immediateyl relinquish ALL of the domains to their clients.
I responded by advising them; IT's NOT GOING TO HAPPEN! See you in court! We went back and forth for roughly two years before they accepted defeat. They never filed a suit against me, but they spent tons of money on attorney fees.
My critical points are;
- Never assume the outcome!
- Always evaluate and assess your risks versus the rewards.
- Never take legal advice from untrained, inexperienced and unlicensed keyboard legal beagles
- Always consult a trademark attorney on these issues
- The final call is on YOU!
- Learn how to make your assets BULLET PROOF!
Hope that helps!