@Alaindeloin : Without a court order no-one can take any property. Pokemon is not WORLDWIDE trademark! (e.g Facebook is Worldwide registered trademark)
pokemongodaily.com
- Thread starter zigzagzig
- Start date
Wilson Grant Fisk
Elite Member
- Nov 10, 2012
- 15,677
- 46,846
GoDaddy is not owner/operator of the .com / .net they are only registar of those.And since domains are by law properties no-one can so easy takeoff a domain name. Without court order.
They won't necessarily need a court order: https://www.icann.org/resources/pages/help/dndr/udrp-en
"the holder of trademark rights initiates"
What ICANN is saying is .. that if you register the domain FACEBOOK.XYZ , GOOGLE.CX you are violating trademark laws and then YES all they are saying there apply.
Once again POKEMON GO is NOT Worldwide Trademark. And even if it become one, if the domain was registered BEFORE that , they can do NOTHING.
And I'm saying this just because had such issue with not one but 8 customers of mine.
What ICANN is saying is .. that if you register the domain FACEBOOK.XYZ , GOOGLE.CX you are violating trademark laws and then YES all they are saying there apply.
Once again POKEMON GO is NOT Worldwide Trademark. And even if it become one, if the domain was registered BEFORE that , they can do NOTHING.
And I'm saying this just because had such issue with not one but 8 customers of mine.
Wilson Grant Fisk
Elite Member
- Nov 10, 2012
- 15,677
- 46,846
http://lmgtfy.com/?q=pokemon+go+trademark
https://www.nianticlabs.com/terms/pokemongo/en
http://www.designntrend.com/articles/71216/20160301/pokemon-go-trademark-nintendo-news-gdc-2016.htm
http://www.gamnesia.com/news/nintendo-filed-a-trademark-for-pokemon-go-in-china
http://www.gamnesia.com/news/nintendo-has-registered-the-trademark-for-pokemon-go-in-europe
http://gonintendo.com/stories/261357-pokemon-go-trademark-filed-in-china?page=1
islandman1010
Elite Member
- May 10, 2008
- 2,221
- 587
Exactly. Too many people here give totally incorrect advise. Even if Godaddy get a whiff of DMCA notice they often take the domains offline before investigating just in case. Once a copyright claim is made with Godaddy and they agree it then the domain is gone. I can't imagine why someone would even iamgine that someone as big as Pokemon or Nintendo didn't register the copyrights in all the right countries first. At least you have corrected them.
- Mar 10, 2010
- 42,697
- 107,138
Godaddy does not need much prodding to take a domain away... heck, they do it for domains that are not breaking any rules/laws/etc as a matter of normal course of business.
But, that being said, you can bank while you have it in a dozen different ways; one way not to bank is to sit on it and just chat about it on an IM forum. I'd be banking ASAP or even faster than that if I had that domain as you have a couple of things that are edgy.
1) Godaddy taking it because they are Godaddy
2) Pokemon (Nintendo?) filing to get you to give it to them.
3) This may just be a flash in the pan fad.
Get to work with it and put some cash in your pocket.
But, that being said, you can bank while you have it in a dozen different ways; one way not to bank is to sit on it and just chat about it on an IM forum. I'd be banking ASAP or even faster than that if I had that domain as you have a couple of things that are edgy.
1) Godaddy taking it because they are Godaddy
2) Pokemon (Nintendo?) filing to get you to give it to them.
3) This may just be a flash in the pan fad.
Get to work with it and put some cash in your pocket.
zigzagzig
Regular Member
- Mar 1, 2016
- 422
- 406
Promote your website. Can you code? Make your website pokemon go community. Users can share their catches and share stories about their pokemon hunt. I think there will be big community site sooner or later. May it will be yours.
GoDaddy is not owner/operator of the .com / .net they are only registar of those.
Thank you for all document's/links you provided so far.
Honestly, i don't know how to code and stuff. I know how to setup basic website but i just don't feel like i could make out the full potential of that domain - it has perfect viral potential because of that " daily ".
I also have twitter acc. with it. As for trademark, i will transfer it to out of godaddy to some offshore or something, and i'v seen some pokemongo+ sites running without a problem, and making very good money. There is one selling for 2000$ - 7 days left on flippa, because of just 3000/daily visitors... I know it can go far better than that, with right people working on it. Some kind of community will appear sooner or later.
I was thinking about lending it to someone who knows how to use it properly, and split the profits with that person, so if you are interested, or know someone who might be,i will be posting offer in JV in few hours.
Still this is not official offer, just wanted to make sure that everyone i quoted would get notified, since from their answers, are the ones most likely interested.
And thanks everyone for their advices and suggestions...
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webthisway
Newbie
- Feb 5, 2010
- 15
- 2
You have some good ideas here. I would be careful how much time and money you put into development due to trademarked term in the domain. I think the best play here is a quick grab.
@zigzagzig sign up to ogads, use their landing pages and earn from the app downloads and cpa offers.
Big hint to start you off..YouTube
Big hint to start you off..YouTube
- Oct 26, 2007
- 3,187
- 955
I had problems with a domain that had facebook in it, after 1.5 years after i registered it, they just wrote to me and told me to discontinue using it or they will take this to court. No idea what would have happened if it got to that point as I let it go, however, you can expect something similar to happen here after some time due to the name. They might be ok with it for now because of the extra promotion but in time they might change their minds so you should be careful about that.
zigzagzig
Regular Member
- Mar 1, 2016
- 422
- 406
Thank you, i already have a backup plan.
I'm planning something similar after some time. It should work fine.
Thanks for sharing, i see that many sites and social media profiles are up, i think they just make problem if you copy their site, including images, text, and stuff. I have that covered.
Buzzika
Supreme Member
- Jul 8, 2009
- 1,446
- 1,776
GoDaddy is not owner/operator of the .com / .net they are only registar of those.
You are soooo wrong! Trust me, as someone who has worked in the pharma industry, I know they can take down domains without a court order.
zigzagzig
Regular Member
- Mar 1, 2016
- 422
- 406
Can you think of any solution? GoDaddy has a restriction on domain transfer, i can't transfer it for 50 next days.
Buzzika
Supreme Member
- Jul 8, 2009
- 1,446
- 1,776
In the future, if you think there is a legal issue with the domain you are buying, but it at internet.bs // that is what I use for my pharma related sites.
zigzagzig
Regular Member
- Mar 1, 2016
- 422
- 406
It should be done in a few hours.
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zigzagzig
Regular Member
- Mar 1, 2016
- 422
- 406
GoDaddy is not owner/operator of the .com / .net they are only registar of those.
Site is officially up, please check it out and let me know what you think.
You can access using pokemongodaily.com or pkmgdaily.com ( backup domain )
P. S. A few things should be added soon, so it's not 100% of what should be like.
These are the stats for first 2 hours since launching.
http://prntscr.com/bvpvne
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Buzzika
Supreme Member
- Jul 8, 2009
- 1,446
- 1,776
You don't know jackshit about anything you said. There is no concept of worldwide trademark. Who issues worldwide trademark?
They might not handover the domain to someone else, but they can surely put it offline. Don't believe me? Then tell me how do all the domains associated with pharma/email spam get taken down everyday?
sgtBerbatov
Newbie
- Mar 2, 2016
- 20
- 13
This all depends on the TLD, as it'll be the company or group looking after the TLD who'll have the final say.
In a previous life I worked for a youth "charity" (charity for tax reasons) and I came across a website that used our charity's name, and the name was a trademark. I emailed the guy directly asking him to let go of the domain name, and he said he would but for £700 (or something stupid like that). I told him I'd give him £5.99 which is the registration fee you'd pay if you were registering a .co.uk domain. He refused, said it was too low. So I then emailed Nominet who look after the .co.uk domain, but I'm not sure how it finished as I quit the place the day after I emailed Nominet.
I also know of another case where someone had a domain name like "ryanairreviews.com", where it was full of people complaining about the airline Ryanair. Ryanair complained and they had the domain name removed from that person and transferred to Ryanair. The reason was (and this is crucial I feel in the OP's case) is that the person who first set up the website had adverts on the site. Because they did this Ryanair argued that the guy was using their trademark to make money for their own gain. The court ruled in favour of Ryanair in this case.
You also have the Microsoft vs Mike Rowe Soft case. He ended up giving away his domain name to Microsoft in exchange for an Xbox.
So let's be frank. Yes your domain name has a copyright/trademark term in it that the owner will come after you for. BUT I would argue if you do build a website/community etc, and you refrain from advertising on the site you should be OK. The minute it's obvious you're making money from the site through advertising then it gives the trademark owner all the ammo they need to take the domain name from you. But if you argue it's just a not-for-profit community then it'll be harder for them to take the domain name.
I would go a head and build a community/website with it then sell it based on the traffic it generates. Sell it, then let the new owner worry about Nintendo (who are absolute DICKS when it comes to copyright - just look at YouToob). If they do come after you, negotiate. The fact you're running a community site gives you some power as it's a benefit to the community more than it is a benefit to you financially. They might give you a Wii U
In a previous life I worked for a youth "charity" (charity for tax reasons) and I came across a website that used our charity's name, and the name was a trademark. I emailed the guy directly asking him to let go of the domain name, and he said he would but for £700 (or something stupid like that). I told him I'd give him £5.99 which is the registration fee you'd pay if you were registering a .co.uk domain. He refused, said it was too low. So I then emailed Nominet who look after the .co.uk domain, but I'm not sure how it finished as I quit the place the day after I emailed Nominet.
I also know of another case where someone had a domain name like "ryanairreviews.com", where it was full of people complaining about the airline Ryanair. Ryanair complained and they had the domain name removed from that person and transferred to Ryanair. The reason was (and this is crucial I feel in the OP's case) is that the person who first set up the website had adverts on the site. Because they did this Ryanair argued that the guy was using their trademark to make money for their own gain. The court ruled in favour of Ryanair in this case.
You also have the Microsoft vs Mike Rowe Soft case. He ended up giving away his domain name to Microsoft in exchange for an Xbox.
So let's be frank. Yes your domain name has a copyright/trademark term in it that the owner will come after you for. BUT I would argue if you do build a website/community etc, and you refrain from advertising on the site you should be OK. The minute it's obvious you're making money from the site through advertising then it gives the trademark owner all the ammo they need to take the domain name from you. But if you argue it's just a not-for-profit community then it'll be harder for them to take the domain name.
I would go a head and build a community/website with it then sell it based on the traffic it generates. Sell it, then let the new owner worry about Nintendo (who are absolute DICKS when it comes to copyright - just look at YouToob). If they do come after you, negotiate. The fact you're running a community site gives you some power as it's a benefit to the community more than it is a benefit to you financially. They might give you a Wii U
Make hay while the sun shines.
Get a micro site up, add a couple of youtube videos and smash the hell out of it, in the knowledge you might well get hit by DCMA or Cease & Desist notifications and / or lose the domain and site.
If you make enough back to cover costs plus a bit more, you've made a profit and also had a learning experience.
Get a micro site up, add a couple of youtube videos and smash the hell out of it, in the knowledge you might well get hit by DCMA or Cease & Desist notifications and / or lose the domain and site.
If you make enough back to cover costs plus a bit more, you've made a profit and also had a learning experience.