Selling a Trademark Domain Name

[Vjizzle]

Hello all!

I have been blessed to learn about Trademark Infringement AFTER I purchased a TM domain name. Couple of questions:

1). If I sell the TM domain name for the same price I purchased it for (or less) then I wouldn't be using this unfairly which is totally legal, right?

2). Can I post a TM domain for sale here?

Thanks to all for your help. I am bummed and don't want to totally lose out on all the money I spent.

[Acro]

Imagine opening your wallet.

Take out several $20 bills.

Light a match.

Set them on fire.

[Vjizzle]

Awesome! LOL!! I have something to look forward to.

[Kamloops]

Did you get a C&D letter? How did you find out?

[Dale Hubbard]

PM me the domain before you succumb to derision here.

[marcorandazza]

I have been blessed to learn about Trademark Infringement AFTER I purchased a TM domain name.

I do feel badly for you, but this raises one really funny/strange thing about domaining.

I don't know about any of you, but I don't buy a car, bicycle, motorcycle, television, or any other high-priced item without doing research on it. Essentially, if I can't afford to throw the item in the trash the day after I buy it, I don't buy it without doing my homework.

Unfortunately, I see so many domainers who don't seem to exercise the same level of care when spending large amounts of money on a domain. Do your homework, get a *written agreement* that the seller will warranty that the domain isn't violating anyone else's rights. This is normal stuff that you'd do if you were running a business as simple as an ice cream stand.

Or, alternatively, you can sift through the posts on this board and read the barely literate posts that say that "everything is generic," and "wipo is corrupt." Then ask those who gave that brilliant advice if they'll contribute to your legal defense fund.

If the domain is truly infringing (and it might not be, even if it seems that way) then you want to get it out of your hands. However, selling it for more than reg costs is going to create some exposure for you. Also, just getting it out of your hands won't necessarily terminate your legal liability (although as a practical matter, it usually does).

My advice: Get an attorney to help you a) make sure that the domain is really indefensible. b) If it isn't completely indefensible, have the attorney help you position it so it is more defensible, and c) if there is no way to defend it at all, and it is just an ACPA or UDRP time bomb, have that lawyer help you contact the mark owner and work something out. Although strictly speaking this *could* backfire, I've approached mark holders on behalf of domainers in the past with this same story -- we bought the domain, then figured out it infringes on your rights, we're really sorry, don't sue us. I've even gotten the mark holder to reimburse the domainer for what they paid for the domain in the first place. However, I've never attempted this for a domain that was purchased for more than $1,000. Bigger numbers will be harder.

I suggest you contact Berryhill, Schaefer, or Darren Spielman (a pretty sharp up-and-coming guy in Florida)... any of them could very likely handle this for you. (I'm not taking new clients right now without a compelling reason to do so).

[jberryhill]

Or, alternatively, you can sift through the posts on this board and read the barely literate posts that say that "everything is generic," and "wipo is corrupt." Then ask those who gave that brilliant advice if they'll contribute to your legal defense fund.

I love the folks who are always willing to fight to someone else's last dollar. They are like the armchair patriots who cheerlead every war they have no intention of fighting.

[marcorandazza]

I love the folks who are always willing to fight to someone else's last dollar. They are like the armchair patriots who cheerlead every war they have no intention of fighting.

Word.

[Vjizzle]

Thank you for the great feedback! Yes, I will do my homework from now on. Marc, if I PM you the domain name, can you just tell me if it is truly going to be a problem?

I appreciate it.

Did you get a C&D letter? How did you find out?

Kamloops, I approached someone about working on the site and was told that it is probably a TM infringement, even if I used the site name as an acronym for something else.

[Vision]

Why are there seasoned domainers who receive C & D letters and then try and sell said domains to another party?

[draggar]

1). If I sell the TM domain name for the same price I purchased it for (or less) then I wouldn't be using this unfairly which is totally legal, right?

No.

2). Can I post a TM domain for sale here?

No.

http://www.dnforum.com/dnfrules.php

25. Sales of obvious TM domains will not be allowed. Questionable/objectionable domains are one thing, but an obvious TM infringement is not allowed for sale here. Common sense applies here. If you post it and it's a known TM or TM typo, it will be removed.