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Am I commiting a crime registering specific organisation domains in new TLDs?

Discussion in 'Site Flipping' started by nabeelshams, Jan 29, 2015.

  1. nabeelshams

    nabeelshams Power Member

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    Hey there. I saw a new TLD being released and hence started registering domain names. The TLD is a GEO specific one therefore, I searched for big companies in that country and found their websites. I then created same domain names as their websites with new TLD that was released for their country. I thought that these companies would be interested in purchasing them from me as it is specific to their country.

    I heard that it is not legal to acquire domains that are specific company names. Is that true? If yes, what would the penalty be? will I only have to hand it over to them or will the consequences be more adverse?
     
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  2. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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  3. nabeelshams

    nabeelshams Power Member

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    Thanks that term is new to me. Never heard of that before. And thank god I was able to get them for free. I am cancelling them right away. Any suggestions on what type of names should I register with this new TLD to make any profits?
     
  4. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    If you got them for free then just hold onto them and if a company takes the domain or requests it then just give it up.
    Some companies may still offer you a token amount just to avoid more expensive legal fees.
    Remember though, if the company name is also a Trademark then you will have few rights.
     
  5. nabeelshams

    nabeelshams Power Member

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    I will have few rights if the name is a trademark? Did not get your point mate. I think I will have to face legal actions if the name is a trademark. If it is not a trademark or intellectual property, i can keep it. That is what I understand from a few things I have read about it.
     
    Last edited: Jan 29, 2015
  6. Driezzie

    Driezzie Regular Member

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    I'm planning on doing the same! I've typed about it in a thread in the Domain names section

    I understood that it's allowed as long as you do not put anyting on the website itself which would otherwise mean you use their trademarked name to the public for your own website/offers ?

    e.g. abercrombie.toronto - tesla.toronto - taxi.toronto

    Is this not allowed or on the edge of legal ?
     
  7. ThreadKiller

    ThreadKiller Power Member

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    Well, trademarks are for certain product groups. IE you can not sell Abercrombie clothes. You can probably sell Abercrombie broccoli.

    Toronto is in Canada. I assume Abercrombie is a regged trademark there. Taxi is not a trademark, it is generic. You could still be OK though. Abercrombie could gain control of the domain if they take you to court. However, if you register Abercrombie in some other trade group (IE vegetables), you could sell your Abercrombie broccoli on the domain.
     
    Last edited: Jan 30, 2015
  8. Driezzie

    Driezzie Regular Member

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    my only intent is to register the domainnames and not putting anything on the website (blanco page, no ads).

    This falls under cybersquatting I'm afraid. Maybe I should just try it and see if get a notice of my registrar/the company or not. If they do contact me I can hand the domain name over or maybe they are willing to give a small amount of money to avoid legal costs.

    When registering a new domain name you will get a copyright notice which you can accept or decline. If you accept the company will be informed via Trademark Clearinghouse.
     
  9. dejanlesi

    dejanlesi Jr. VIP Jr. VIP

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    If the keyword your purchased/got for free is a trademark then that company can sue you.

    As for your question regarding which new TLD to register it would be exactly none of them.. Stick with .com if you think on investing into domain names..
     
  10. PPCGlory

    PPCGlory Newbie

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    Last time I checked the fees for a UDRP are about $6,000.

    So sometimes they will offer you a sum much less than that in the hopes that you'll take it, since both parties would rather not go through an expensive legal process.

    There was a guy who owned the '.co.il' extension of an extremely popular social network (hint hint) who was offered money to sell it, but then he demanded $12,000 for it. The social network did a UDRP and won.
     
  11. Driezzie

    Driezzie Regular Member

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    If they contact you via a complaint letter of the WIPO can you still demand a small price (talking realistic numbers here) or are you obliged to hand the domain name over immediately without receiving any money?

    There are a lot of domain name disputes on the websites of the WIPO since the new GTLDS's launched.

    The fees have to be payed by the company who initiates the complaint and NOT by the current domain name holder?

    Link : http://www.wipo.int/amc/en/domains/

    Fees : http://www.wipo.int/amc/en/domains/fees/
     
    Last edited: Feb 3, 2015
  12. bryanon

    bryanon Executive VIP Premium Member

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    The first and foremost thing to bear in mind with trademarked domains is the concept of 'bad faith'.

    To make things extremely simple, in order for a trademark owner to have the right to make you hand over a domain name that you've registered they need to be able to demonstrate that you've registered the domain name in 'bad faith', or that you're breaching their trademark.

    To illustrate:

    - Registering Nike.info and putting up a site that's about running shoes = trademark infringement

    - Registering Nike.info and proactively reaching out to Nike to sell it at an inflated price = domain registered in bad faith, only to profit from it.

    - Registering Nike.info and putting a site about vegetable oil on it, or not putting anything on it at all = no issues

    So in a nutshell, as long as you don't put anything that falls under the particular trademark's classification on your domain, and don't actively offer the domain for sale to the trademark owner, no-one can touch you. The moment you demonstrate that your reason for doing it was profiting from it through the trademark, it's cybersquatting and you have virtually no way to win a case with it.
     
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