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Old 06-05-2008, 05:51 PM   #1 (permalink)
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Acronyms and TMs, approaching a company for a sale?

Over the last couple of years I've picked up a few obscure LLLLL.com domains on a whim that just happen to be acronyms for various organizations.

Are acronyms usually protected by trademark? We're not talking something as familiar as IBM here, these are pretty obscure companies. Something like, Maztek Oil and Petroleum Company of Australia, or MOPCA(dot)com.

Ideally I would like to find a buyer for these domains. Would it be possible to approach these organizations to inquire about interest without putting my legal position in jeopardy? If so, what would be a good strategy?
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Old 06-06-2008, 11:18 AM   #2 (permalink)
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Do you kow that MOPCA in not used as a TM already? Acronyms become TMs based on usage IE- IBM, AOL. Basically, if there is a secondary meaning acquired, it could be concidered a TM.

Now, the important question is how are they being used? And what was your intent at time of registratioin. (I hope you realize every time a poster says "on a whim" or "random letters" or anything along those lines and then says, then says I find out there is a TM or could be a TM, we know why it was registered ). There are too many factors to say what your legal position would be. If they could show TM, it isn't good. If they can't show TM, that is good. Then again, if you use the domain and reference their company, or offer competing services or do anthing that could show bad faith, that could work against you.

Anyway, as far as approaching the companies themseves, there is no guideline since each case is different. A company may work with you and maybe give you something in return. Some may say give it to us now for free. Some may not reply at all then you receive a nice lil mailing. There are many things that could happen.
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Old 06-06-2008, 05:27 PM   #3 (permalink)
 
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if you are offering the names to them for less than the cost of a wipo or udrp, then you should be ok. - not meant to be legal advice -
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