Possible legal problem? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**copper** · 07-25-2007, 08:28 AM

Hi,

Let's say I have domain Word2Word3.com

No TM for "Word2Word3.com" or
"Word2Word3" or "Word2 Word3".
There is TM for "Word1 Word2 Word3"

If I send email to company "Word1 Word2 Word3" trying to sell Word2Word3.com, will it cause problem?

Thanks in advance

**Johnn** · 07-25-2007, 10:00 AM

It depends on the companies. The big boys like ebay or micro soft will track down any names which has ebay or micro soft in it.

Normally it is not a good idea to do this as small companies would not care much about the names or do not understand the business and if you contact the big boys then you have great chance to be in trouble.

John

**DNQuest.com** · 07-25-2007, 11:11 AM

No mention was made of the "uniqueness" of the words or how they relate to each other. But here is the easy test, if you clearly know of TM of words 1 2 3, would words 2 3 seem confusingly similar base on uniqueness and secondary meaning. (IE- MIcrosoft Windows, but we all know if someone says windows, we think of the Microsoft Product)

**jberryhill** · 07-25-2007, 11:37 AM

Quote:

If I send email to company "Word1 Word2 Word3" trying to sell Word2Word3.com, will it cause problem?

If "Word2Word3" is not confusingly similar to their mark, then why do you believe the domain name would be valuable to them?

**copper** · 07-25-2007, 11:46 AM

Quote:

Originally Posted by jberryhill

If "Word2Word3" is not confusingly similar to their mark, then why do you believe the domain name would be valuable to them?

It's exactly same except mine missing first word.

Example: these are just made up names

They own TM for "Big Yellow Dog" and they use BYD.co.kr
I own YellowDog.com

Another example:
If their main product is called "data works".
Their TMed name is "shadow data worx" and use sdw.co.kr

My domain is "dataworx.com".

"data works" is known product name in specific industry and
their main products.

**Varchar** · 07-25-2007, 12:10 PM

You forgot one scenario. Have you check to see if there might be trademarks for word2 or word3 itself? Don't forget people can reverse hijack any names pretty much if they wish too...

**copper** · 07-25-2007, 12:30 PM

Quote:

Originally Posted by Varchar

You forgot one scenario. Have you check to see if there might be trademarks for word2 or word3 itself? Don't forget people can reverse hijack any names pretty much if they wish too...

word3 - too broad to TM even if you try.
word2 - there might be, but, still too broad to stick if they ever try reverse hijack.

And there are no trade mark for "word2word3.com" and "word2 word3".