Potential legal problem

[burgerman]

Hi, I'm a new domainer and I made a mistake.

I registered a one-word generic domain that I honestly didn't think was a trademark. Unfortunately, it turns out that it is one. I didn't check the trademark database before registering (I know, stupid), and I don't want to get into any trouble. I don't think the company has noticed yet. I haven't made any money off of the domain (it's not parked or developed).
What should I do in this situation? Should I contact an attorney? Should I drop the domain? Selling it would make me look bad. If I can't sell it and I can't keep it, how do I get rid of it?

Thanks so much for your help!

[draggar]

(I am not a lawyer, I do not play one on TV nor do I look like one)

Your chances of having any legal action against you right now are minimal. You said it is not parked or developed (make sure it is not parked by your hosting company, if it is, just throw up a page with the domain name or something very basic (even a blank white page).

The ethical thing to do is notify the company that you registered the domain and offer it to them for free (asking any money might start a case against you).

If you don't want to do that, you can just drop the name. Most registrars will allow you to immediately drop a domain.

[burgerman]

Thanks for the advice dragger!

Another question: in low-profile trademark infringment cases, what usually happens? Does the cyberersquatter get sued? or is the domain simply handed over to the rightful owner?

Thanks again

[sdsinc]

Originally Posted by burgerman

I registered a one-word generic domain that I honestly didn't think was a trademark.

Depends how 'generic' it is. For example apple is a generic keyword. If you sell computers with a name like 'apple' you may have problems down the road. For anything else includig grocery you should be OK.
If the name is truly generic in nature then it would depend on actual use (ie not operate in the same area of practice as the TM holder so there is no likelihood of confusion).

[Banned: domain newbie]

Originally Posted by burgerman

Thanks for the advice dragger!

Another question: in low-profile trademark infringment cases, what usually happens? Does the cyberersquatter get sued? or is the domain simply handed over to the rightful owner?

Thanks again

lol, thats the funniest concern so far, why just don't delete a domain, or change whois info to your haters names for example

[Dave Zan]

Originally Posted by sdsinc

Depends how 'generic' it is.

Or if it's really generic to begin with.

[domaingenius]

Originally Posted by burgerman

Hi, I'm a new domainer and I made a mistake.

I registered a one-word generic domain that I honestly didn't think was a trademark. Unfortunately, it turns out that it is one. I didn't check the trademark database before registering (I know, stupid), and I don't want to get into any trouble. I don't think the company has noticed yet. I haven't made any money off of the domain (it's not parked or developed).
What should I do in this situation? Should I contact an attorney? Should I drop the domain? Selling it would make me look bad. If I can't sell it and I can't keep it, how do I get rid of it?

Thanks so much for your help!

It depends what you use the domain for. It depends also on what Classes/Uses the trademark is granted for. It depends on how well know the trademark is. If its like "Virgin" then you may have a problem but again depends on the afore.

DG

[CyberLawyer]

By "generic" I assume you mean a dictionary word.

Its hard for me to imagine a scenario today, given the current interpretation of the laws, which would allow someone to take a generice domain name away from you just because you owned it. There would have to be extreme bad faith on your part and I would suggest that even that would not be enough. If you are using it to steal their traffic or sell competetive goods then you may have a problem.

With that said, there are plenty of people that do not have the stomach or the pocketbook to protect their rights when threatened by large corporations even when they are innocent. I recall one time receiving a letter from the NFL's attorneys telling everyone who owned the name of a football team (jets.com, dolphins.com, cowboys.com etc.) that they were breaking the law by owning it and they had to turn the names over to the NFL. Of course they were wrong but some people handed them over out of fear or financial challenge.

Most trademark scholars would agree that you can always use a dictionary word for the meaning it has in the dictionary without infringing anyone's trademarks. Its not just the word, but how you use it. Apple is generic for apples but not for computers.

If you're afraid of the name, sell it. I know plenty of people that will buy it.

This is not to be construed as legal advice.

[HuntingMoon]

selling it will also be bad faith/unjust enrichment if it is infringing.

[DNQuest.com]

Cyberlawyer... please refer to the other thread which you posted on.

One thing missed, is the word descriptive in nature? Jets, Dolphins, Cowboys can be descriptive if the content of a site that has Jets, Dolphins or Cowboys on them (not teh NFL kind). Additionally, TMed "generic" words can be used outside the catagories which the TM is used. The usual example is "Apple", selling computers=bad... selling music=bad... open "Apples Garden Supply" or you have apples.com and sell apples=good

You have to move beyond the thinking of a "generic" domain onto the usage and the descriptive nature of the domain. If you have NFL or even sports related materials on Jets, Dolphins or Cowboys, don't expect to keep it for long if challenged.

[CyberLawyer]

Originally Posted by DNQuest.com

example is "Apple", selling computers=bad... selling music=bad... open "Apples Garden Supply" or you have apples.com and sell apples=good .

Keep in mind that if you owned apple.com, and you sold apples at that website, the PTO probably wouldn't let you get a trademark for the service of selling apples over the web. So while you are not infringing Apple computer's famous trademark, you don't have protection for your own use and will have a hard time stopping the guy who owns apple.net from selling apples at his site.

-------------------------
This is not legal advice.

[burgerman]

All of this information has been really helpful. Thanks to all who replied.

I have one more question: What if I have dictionary word for a domain, and this word is not trademarked, yet it is part of a 2 or 3 word phrase that is trademarked. Is this trademark infringment?

Eg, a company trademarked it's name "North Sails" and I picked up the domain Sails.com. And the page is either parked or I develop it and sell sails on it.

[typist]

Originally Posted by DNQuest.com

...

you can trust DNQuest.com - he knows the subject, he's a convicted cybersquatter

[fab]

Eg, a company trademarked it's name "North Sails" and I picked up the domain Sails.com. And the page is either parked or I develop it and sell sails on it.

That is ok. You definitely have the right to use a dictionary word for it's own meaning. Evening Coca-Cola was not allowed to TM both words, therefore others can use Cola.

[mulligan]

Originally Posted by domain newbie

lol, thats the funniest concern so far, why just don't delete a domain, or change whois info to your haters names for example

Best reply so far ...

Originally Posted by domain newbie

lol, thats the funniest concern so far, why just don't delete a domain, or change whois info to your haters names for example

Best reply so far ...

[domaingenius]

Originally Posted by fab

That is ok. You definitely have the right to use a dictionary word for it's own meaning. Evening Coca-Cola was not allowed to TM both words, therefore others can use Cola.

Hmm, respectfully, what about "Virgin" ?. I would bet that if some registered the name Virgin.com then Virgin group would be all over them like a rash. Same as word "Easy" as Mr Smellitakos who thinks he invented the meaning of the word.

DG

Originally Posted by fab

That is ok. You definitely have the right to use a dictionary word for it's own meaning. Evening Coca-Cola was not allowed to TM both words, therefore others can use Cola.

Hmm, respectfully, what about "Virgin" ?. I would bet that if some registered the name Virgin.com then Virgin group would be all over them like a rash. Same as word "Easy" as Mr Smellitakos who thinks he invented the meaning of the word.

DG

[fab]

Why am I seeing double?

Whether or not a company will go after you or not is not relative to their actual legal rights.

Companies may sue even if they know they're wrong. I know a major company who knowingly allows typos of their tm-domains.

On a practical point you're right, some clear TM infringements may suffer no ramifications, while some clearly legal usage may.

In any case, if "Virgin" was used correctly, then Virgin group would have no case.

The best example. is Nissan Car Company vrs. Nissan.COM

When your right, risking dealing with little companies, is a minor concern

[DNQuest.com]

Originally Posted by typist

you can trust DNQuest.com - he knows the subject, he's a convicted cybersquatter

As are many others around here. But those who followed my case knows I got screwed. I still can't believe they went to a website that I had no association with to determine my credibility, and to top it off, there was no linked website to even associate with the fansite with. Then be told, "my bad, to sad for you". [to support my contentions, just use archive.org to find a hint of linking.]

If anything, I know first hand how a person can get screwed even though they don't deserve it.

But there is an update... I was contacted by an interesterd person about possibly exploring my options. [keeps fingers crossed]

[domaingenius]

Originally Posted by fab

Why am I seeing double?

Whether or not a company will go after you or not is not relative to their actual legal rights.

Companies may sue even if they know they're wrong. I know a major company who knowingly allows typos of their tm-domains.

On a practical point you're right, some clear TM infringements may suffer no ramifications, while some clearly legal usage may.

In any case, if "Virgin" was used correctly, then Virgin group would have no case.

The best example. is Nissan Car Company vrs. Nissan.COM

When your right, risking dealing with little companies, is a minor concern

Double ? Double ?.

The site crasked about time I was posting so must have been cause ?.

DG