Can You Market a Generic Domain to a Company Using that Name?

[barrysanders]

This is a general question I have that I've run into a few times and was wondering if anyone had input into this...

If I own a generic domain, let's say Hand.com (this is not my domain), and there is a company called Hand which operates on another TLD, let's say Hand.net, can I contact them and offer to sell them Hand.com or would I be opening myself up to a UDRP if I do this?

[Dave Zan]

can I contact them and offer to sell them Hand.com or would I be opening myself up to a UDRP if I do this?

The latter is more likely to happen. Let them contact you instead to especially offer buying the domain.

[Tim Schoon]

I've sold domains like that to buyers like that.

[domaingenius]

Someone I know was accused in a UDRP decision of contacting the owners of a .net domain asking if they wanted to sell it, simply to try and sell their .com to the owners of the .net . Of course that was not true ,but then UDRP panelist's are usally biased against domainers as we know.

DG

[Maxwell]

Do not consider this to be legal advice.

If it's truly as generic as hand, I wish such a company good luck in claiming it as their domain. There are numerous other companies out there which use the word "hand" in their name, and I think it can be proven as generic enough that you wouldn't lose in a UDRP.

However, stranger things have happened. If you PM me the domain I'd be glad to help you out and evaluate how much of a risk it is to sell/offer.

[lordbyroniv]

Do not consider this to be legal advice.

If it's truly as generic as hand, I wish such a company good luck in claiming it as their domain. There are numerous other companies out there which use the word "hand" in their name, and I think it can be proven as generic enough that you wouldn't lose in a UDRP.

However, stranger things have happened. If you PM me the domain I'd be glad to help you out and evaluate how much of a risk it is to sell/offer.

I think this is not good legal advice. Generic terms can indeed operate as source identifiers. Furthermore, evidence offered by the Trademark registrant that the owner of the other extension indeed knew of the Trademark registration prior to obtaining the differing domain in a differing extension would be extremely damaging.

---------- Post added at 07:07 PM ---------- Previous post was at 07:05 PM ----------

Just as a final point - capitalizing off the reputation of a trademark holder (even generic terms) is wrong. And will get you in trouble. I have disputes in motion regarding these types of matters all the time. It called policing ones trademarks.