Can I buy from FOREIGN company, and sell to a bank? (DN = their stock symbol)

[c39b7]

I found a successful bank that has a non-intuitive
domain name. I thought of one that is much easier
but as it turns out, it is already registered. It is
for a cheap-looking foreign company. Should I
try to buy the name from them and sell it to the
bank? (hint: its their stock symbol)... Since the
foreign company has had the name, would I not
get into legal trouble once it was passed on to me?

What do you think would happen?

[draqon]

My suggestion is not to buy the domain you are thinking of.

I'm not sure if stock symbols are generally trademarked or not. If their stock symbol is very well known, then [i would guess that] theoretically they have substantial goodwill for the stock symbol and you would be violating their trademark rights. BUT I AM NOT SURE ABOUT THIS, BERRYHILL OR NEU would definitely have to clarify this before you can be certain.

One thing I can be sure of, is that this would be a highly risky deal. You don't even know if the bank would want to buy the new domain from you, and the current owners would probably demand hundreds or thousands in order to sell it. Therefore i don't recommend it.

[c39b7]

Thanks for the advice. I checked up on other stock symbol DNs, and
they all were personal or business sites that were unrelated to the
stocks or their companies, except for GOOG.com, which has a link
to google stock information.

I assumed that since people with DNs of the symbols of companies
like Google (and some other large ones, including health and
biotech companies) aren't getting into trouble, then I might not
either.

If I try to sell the name to the bank, but they threaten me with
legal stuff, then can't I just hand them over the domain for free,
and be relieved of all legal threats?

Thanks,

Ian

[jberryhill]

I assumed that since people with DNs of the symbols of companies
like Google (and some other large ones, including health and
biotech companies) aren't getting into trouble, then I might not
either.

The "other people do it" assumption is generally not a safe one. Remember in grade school how you always were singled out for what all the other kids were doing? Life hasn't changed in that respect.

In general, stock symbols per se are not trademarks. Sometimes, and "Goog" is a good example, the stock symbol will be close enough to a trademark that it is confusingly similar enough to the trademark that it would be problematic as a domain name. That is, of course, independent of whether it is also the company's stock symbol. Also, some companies use their stock symbols as trademarks. So, whether any particular company's stock symbol is, or is not, protected as a trademark is an individualized determination.

If I try to sell the name to the bank, but they threaten me with
legal stuff, then can't I just hand them over the domain for free,
and be relieved of all legal threats?

You can, of course, propose a settlement on that basis, and it would be very difficult for them to argue that you were trying to hold them over a barrel if that were your response. That is typically what is proposed in the vast majority of c&d letters relating to domain names. A rational trademark owner would accept a free transfer in settlement, rather than spending money on legal proceedings to attempt obtaining a $100K judgment against a turnip. There is no guarantee that anyone would propose or accept a settlement, or that all trademark owners are rational.

[Dave Zan]

If you have the time, money, and sincere belief that the domain
name you hold is worth keeping, then by all means you should
defend it.

Otherwise, given what you may possibly face, you should also
consider letting it go, learn from this experience, and move on.

[Steen]

Originally Posted by davezan1

If you have the time, money, and sincere belief that the domain
name you hold is worth keeping, then by all means you should
defend it.

Otherwise, given what you may possibly face, you should also
consider letting it go, learn from this experience, and move on.

Did you read his question?

[c39b7]

Hmm, yeah.. good point Steen... but anyway, thanks everyone
for your good advice.

I appreciate it alot.