trademark question in regards to ...forsale.com

**HumDog** · 05-19-2009, 03:34 PM

I have a couple domains which are using trademarks in the domain for
example www.UsedTrademarkname.com or www.TrademarknameForSale.com

I see that many other websites are using the trademark name in their
domain so it appears that the trademark holder is not aggresively pursuing
others who are using the name in their domain.

Does this then make it "ok" for me to own the name?

For example if the domains were, "www.UsedFerrari.com or
www.FerrariForSale.com would those be good domains to own
if there were a lot of other domains using the trademark word
"Ferrari" in them?

Thanks because I don't want to build out some sites that have a
trademark in them and then get a letter suing me...

thanks for the advice,

Peter
ps. It would appear that many companies just don't go after domains
that use thier trademark. I know Microsoft does but many companies
it seems don't care as long as they have the parent www.trademark.com
name?

**HuntingMoon** · 05-20-2009, 04:21 PM

you are running on a lot of assumptions. just because you see others getting away with something does not mean you will. that being said, there are cases going both ways on this subject so a legal opinion will be helpful for you. you will need to evaluate each of your domains. there are cases of used mercedes parts dealers winning on fair use for example.

**HumDog** · 05-20-2009, 10:04 PM

Ok thanks huntingmoon!

Peter

**nparkin0** · 05-21-2009, 04:31 PM

I too would like to hear a lawyers opinion on this (or someone else in the know) because I am in a similar situation...apart from mine would be discount[Brand name].com

**HumDog** · 05-21-2009, 08:36 PM

You would think some DN attorneys would be answering these types of
questions and getting their names out in the public for business and
future business?

Peter

**marcorandazza** · 05-26-2009, 04:53 PM

Originally Posted by HumDog

You would think some DN attorneys would be answering these types of
questions and getting their names out in the public for business and
future business?

Peter

You might think so... however, the lawyers that I know who post here regularly don't do so looking for business. Frankly, this is a terrible place to look for potential clients. Its not that they aren't here, but I've found that most here are one-off issues, many posters are simply broke, and the time-to-dollars ratio is not one that makes posting on DN Forum a good business move. Finally, I have more work than I know what to do with right now. While I have taken some clients from here, I usually refer them to other lawyers (often Berryhill) or give them a few bits of free help to do the task themselves. On the rare occasions that I do take a client from here, it is because their legal issue is particularly interesting.

I post here more as a tributary to my teaching, not to my law practice. Sometimes, it is painfully obvious that nobody on the thread wants to learn anything. Other times, it is something I've posted on before. Etc.

So, i'm not trying to scold or anything, but to presume that the lawyers who *do* take their time to post here do so because they are trolling for work is a little bit insulting -- even though I'm sure that you didn't intend it to be.

That wasn't meant to imply that Berryhill doesn't have enough work. Crap, upon re-reading that, I can see how it might be seen as a dig on him. The intent was the exact opposite.

**HumDog** · 05-28-2009, 10:36 AM

No, I did not mean they are trolling for work. Everyone knows that forums are a great place to gain customers if you are in that niche forum business.

But getting back to the original question I posted do you have any insight
on it?

What constitutes "fair use" for example?

I have several domains that are www.usedtrademarkname.com

Is this fair use? For example www.usedmercedes.com. Is that a legal
name to own?

Thanks!

Peter

**500,000** · 05-30-2009, 09:30 AM

For Sale is a Dictionary word and can not be trademarked.

"for sale by ebay" dot com... if you want to make that domain and a registrar lets you, good luck.
Then you can ask ebay how much they want to pay you for that domain (lol) they will sue you, they own the tm on ebay.

in regards to www.FerrariForSale.com contact the owners of the tm word Ferrari and ask them if you can use there name in the manor you want, you might even draw up a contract and pay Fees to use it.

**bigboydog_0** · 05-30-2009, 10:01 AM

Originally Posted by Gregcyber

For Sale is a Dictionary word and can not be trademarked.

"for sale by ebay" dot com... if you want to make that domain and a registrar lets you, good luck.
Then you can ask ebay how much they want to pay you for that domain (lol) they will sue you, they own the tm on ebay.

in regards to www.FerrariForSale.com contact the owners of the tm word Ferrari and ask them if you can use there name in the manor you want, you might even draw up a contract and pay Fees to use it.

what about for sale by owner .com they trademarked the phrase????