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How to sell domain with copyrighted name

Discussion in 'Domain Names & Parking' started by Ampix0, Feb 14, 2014.

  1. Ampix0

    Ampix0 Power Member

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    I own a domain that is EXACTLY the title of a soon to be released video game that will be incredibly popular. I would like to sell it on Flippa, but what it the situation with selling a domain that is using a video game title?
     
  2. chocobo244

    chocobo244 Newbie

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    try to sell it direct to the game owner sites and not Flippa fist.
     
  3. boombap

    boombap Junior Member

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    As said above approaching the game owner / publisher is your best bet for quick sale. You might get a better / faster response by calling them in person rather just letting your email get lost amongst the hoard.
     
  4. Zeecho

    Zeecho Junior Member

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    Avoid those advices. You'll get UDRP instanlty and eventually law suit against you for 100k USD per domain. Put the domain in redemption and forget about it. You're risking way too much.
     
  5. kbklash

    kbklash Senior Member

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    Do it with caution.It depends on whether that game's name is a registered trademark.copyright issue and trademark issue are two IMHO,and later one is hard to get rid of.There is no good in contacting the owner guy of that game.most of the times,they will be different banners (production,distribution etc) and if they trademarked it already,it certainly indicates that they are willing to take some steps to protect their brand. if its a trademark issue then just stick to non brand name domains and keep on going!
     
  6. spmcnerd

    spmcnerd Regular Member

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    Copyrights are bodies of words/videos (an ebook, this post).

    Look into Trademarks USPTO and do a tess search for name in question.

    If it is there good luck they are not going to pay you but likely sue. If the name is not there publish it w/ TM behind it signaling you want the name.
     
  7. Drewbie

    Drewbie Newbie

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    The first question you should ask if the publisher registered a Trade mark for the game. The second question should be do you have a product or company[not a empyless one] with that name registered?

    If you contact the owner directly with a proposition to buy it, they may agree or disagree. However if somebody approached me with it i'd dropkick em to the curb and throw a court summons at them. Why should i pay someone else for registering a name quicker then me? Almost zero effort for 3 or 4 digits worth of money. Domain flipping in this manner is frowned upon and legally not accepted.

    Claiming a domain name just because you can doesn't mean you own it rights to it off the bat. If all you do is sit on the domain and it does nothing you have no rights to it when somebody with a company, product or plan with that exact name. They can't take it from you easily, but a simple international filing of a civil court will force your hand easily. "Give the domain to us before the date of X or we expect to see you in court on date X" are always fun. Not to mention lawyer fees and fines that loom over your head.

    If there is a trademark registered, (does not matter wich country or continent) they have ownership rights and can claim it easily. If the domain is basicly parked and the game publisher wants it prepare to get a civil suit filed against you. Some will sue you and not even bother contacting you so be warned.

    Even if no trademark is present, proving to a judge that they have spend upwards of hundreds of thousands of dollars on the products of a game for the last ??? 2/3/5+ years while the only thing you did was register it and park it. The ruling of the judge will not take long.

    Same reason you can not have amazon or ebay in your domain name. Trademarks.
     
  8. 420lounge

    420lounge Power Member

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    depend how generic the text is.. example dolphins.com lawsuit etc we have seen

    http://cowboys.com/ is a gay dating site but now i see is redirecting to for sale with minimum of 100,000
     
  9. Zzzzz....

    Zzzzz.... BANNED BANNED

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    I dont think buying exact match domain for that game is also copyrighted. The copyright only applicable to their brand name. If you have bought the domain, you are the legal owner of that domain. You can try selling to the original owner for big money.
     
  10. splackers

    splackers Newbie

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    Whatever you do don't contact them. If they contact you don't initiate price discussions. If its generic you will have more luck but if you bought it after they couldve filed you are better off just selling it on a marketplace and be happy with what you get as if they want it eventually they will get it or make you pay to defend it.