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Trademarked Name In Domain

Discussion in 'Site Flipping' started by JoshCa, May 31, 2013.

  1. thebarberbuzz

    thebarberbuzz Newbie

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    If they really wanted it, they could take it from you. Cybersquatting laws. You can't profit from it, imo I would give it to them for the $50.
     
  2. GoldenWarrior

    GoldenWarrior BANNED BANNED

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    I faced this problem previously. Then last time i was transfer my that domain to them.
    Thanks
     
  3. WebmasterDeluxe

    WebmasterDeluxe Regular Member

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    If it was truly trademarked, you'd likely get a cease and desist letter...I got one about 5 years ago, cost me about $60k a year :( I have a site now doing about $40k a year, I'm still waiting on the letter.....It's coming anyday....that said, I'm enjoying the $$$ while it last
     
  4. Hobocop

    Hobocop Newbie

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    I'm not looking to sell the name to the company and make a profit. I want to use the site on my own to market amazon affiliate products which has the type of the product in the name, with no relation to the actual company. I see that the point would be if there is any bad intent to defraud, mislead or tarnish the reputation of the parent company, but if in this case what would really draw the line in determining whether or not I get a cease & desist.


    Here just for an example (not my site), Here at ala moana mall, they just leased out the space to Bloomingdales. We haven't had that retailer here in Hawaii yet, but say for the sake of this post, I made a site called "HawaiiBloomingdales.com" . With that being said, if I were to go to amazon and just sell items such as this

    "Linen and Ivory Bloomingdale 3-piece King / Cal-king Comforter Cover (Duvet-Cover-Set) 100 % Egyptian Cotton 300 TC"

    would I get into trouble. See I'm using the Hawaii aspect because I'm here in Hawaii, and the Bloomingdale part just because that is what I would be selling or dealing with primarily.

    And to reiterate, that's just an example of what I previously mentioned on how I would justify having a very similar name. But I would probably need your guys' advice on this situation.

    Thanks in advance :)
     
    Last edited: Jul 6, 2013
  5. kvmcable

    kvmcable Supreme Member

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    Anytime the trademark is in the domain the mark holder can claim customer confusion and 99% of the time a Judge will agree. A shopper could see Bloomingdale in your HawaiiBloomingdale example and believe Bloomingdale owns the site.

    While you'll find thousands of domains with trademarks in the title being used for commercial gain; you should realize they only exist because the mark holder allows them to exist. The mark holder could take just about all of them down using the vague legal argument of consumer confusion. Even if you have a good argument, it could cost you at least 5 figures before you get your argument in front of a judge.

    With the recent lack of EMD SEO benefit, it's almost foolish to invest so much time and energy into a website with this sort of liability. Back when EMD held a lot of SEO weight it could be argued worth the risk. These days it's silly to mess with them.
     
    • Thanks Thanks x 1
  6. Hobocop

    Hobocop Newbie

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    Ok, I guess there goes that idea then :p, thanks for summing it up
     
  7. JoshCa

    JoshCa Newbie

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    So I've just heard back from them, not sure how to respond..?

     
  8. listerdl

    listerdl Junior Member

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    I have the ownership to a female version of viagra which was tipped to be huge. I registered the domain in 2004 when I read the article and literally every variation was taken except for the one I have.

    Long story short the FDA were literally about to pull the trigger on the drug but it failed at the last trial.

    The key thing is that once you get it DO SOMETHING with it...sell a product or pretend that you do and brand it with the domain name then act all poker faced when they contact you - then sell it to em.
     
  9. JoshCa

    JoshCa Newbie

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    The problem is though, could I do that now considering I haven't done anything with it?