Is this incredibly stupid or extreme genuis?

[JuniperPark]

I looked at the site of a fairly small scale reseller the other day, and noticed he seem to specialize in names that would be good product or company names. I don't recognize any brands I knew. But in the "description" for each domain he had the little TM symbol next to the name.

I looked up a few of them and sure enough, those with the little TMs had USPTO live trademarks, owned by various companies.

Unless I'm missing something, is this guy not begging to be sued WITH damages? He can't claim he didn't know about the TM infringement since he's indicating that knowledge on his site, and in fact apparently making it a selling point.

Anyone else have thoughts on this?? I can't help thinking I MUST have missed some valid reason for doing this.

[webfreak]

Are you sure he didn't register the TMs himself?

I remember seeing someone have domains w/ TMs and all.

[aZooZa]

He's begging to lose it all. Crazy stuff happens.

Edit: Unless ^^^ -- good thinking.

[JuniperPark]

Originally Posted by webfreak

Are you sure he didn't register the TMs himself?

I remember seeing someone have domains w/ TMs and all.

Yes, there were dozens of them, all owned by different people.

[webfreak]

Maybe you can post the site where you found this?

It doesn't make sense for someone with even the slightest knowledge of domaining to openly display that there may be TM problems, especially when the whole purpose of the site is to make a sale.

[fatter]

maybe he only wants to sell to licensed sales people autherized to use the trademarks like a franchise, i couldnt think of any other reason, other than buyer couldnt come back and claim they didnt no it was trademarked

[JuniperPark]

Sorry, I didn't keep the site name, I think the link was from a DNF profile thought.

There was no mention of TM licensing, it was a very simple 'domains for sale' site.

[Ian]

it is hard to believe without seeing. however true this might be, i doubt how blatantly stupid it would be for one to invite TM owners to his domains.

[Blarian]

Some people think that they will get more money for them BECAUSE of the TM factor, I guess. But, if they do not own the TMs and a dispute comes up, I'm not sure how they can deny bad faith or being aware of the TMs. Kind of asking for a problem IMO.

[trader]

Possibly he has state trademarks on them all as state tm's are easier to get with very low cost?

Some questions for our legal guru John Berryhill:

Does it strengthen the domainers position to get a state trademark either on your domain including extension, or the words themselves? If the answer is yes to both options, which one is best, with or without the ext? Is it worthwhie doing this assuming the cost is low. i.e. low xx?