trademark question - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**seeker** · 06-10-2004, 08:48 AM

Ok, I believe I made a gigantic mistake a little over 16 hours ago.
I regged a domain that I am 99.2% sure is a TM.

Can anyone point me to a free and easy to navigate site that I simply place a name and it tells me If it is TMd?
some 'free' sites on the net tell you basically any word is TMd.

Also, since it was a mistake (overworked, and I placed too many backorders), what is the best way to del with this?
Should I contact the company and offer it to them (obviously with an apology and for free)?
Or what? How can I get rid of it?

This company makes microsoft look like a dwarf...
they are using .com/.us/.info although .net/.org/.biz are owned by different people pointing to PPC sites.

Thanks!

**actnow** · 06-10-2004, 10:05 AM

If it is a new reg. Then, contact the registrar and instruct them to delete it.

If it is not a new reg., you can still instruct the registrar to delete it.

I suggest you stay away from the "giant".

**seeker** · 06-10-2004, 10:43 AM

I just regged it apx. 18 hours ago, so it is brand new (it was a drop).
Who do I contact to delete it the registry itself (for exampe versign) or the registrar that I got it from?

thanks!

**actnow** · 06-10-2004, 10:47 AM

Contact the registrar.

I instructed Enom last year to delete a .net and .org
But, it was more than 30 days old.

So, they kept saying, "we can not give you a refund".

I didn't care. I just wanted to get rid of the names quickly.
(We all make mistakes!)

Unfortunately, they had to take it thru the delete process.
RGP, etc.

**seeker** · 06-10-2004, 10:57 AM

thanks.
oh boy, If it goes through all that process, then I am headed for trouble.
I wish there was an 'instant' drop bottom

Maybe contacting the company and telling them it was a mistake and offering a gift to them?
I had like 40 domains on backorder, and I didnt carefully look over the list...

**actnow** · 06-10-2004, 11:00 AM

Seeker,

No. It does not go thru the normal drop procedure if it is less
than 5 days old.

If you "Act Now".

**seeker** · 06-10-2004, 11:08 AM

ok, thanks!
Didnt know that.

I will act right now!

**seeker** · 06-10-2004, 11:56 AM

phewwwww....
domain deleted, and I even got a refund!!!

**diederik** · 06-10-2004, 04:50 PM

Good job

**Acro** · 06-11-2004, 02:28 AM

Which TLD did you reg?

**seeker** · 06-11-2004, 05:19 AM

.biz
how dumb could I get right?
The thing is I added it in a large list of other domains with other TLDs and didnt even notice it.
the .net and .org are 1 parked at ppc and the other at godaddy.
I feel sorry for the owners as they probably have no idea who their dealing with. Of course everyone has heard of 'them', they are *everywhere* but not everyone knows there are trademark laws with domains.

**dax** · 06-11-2004, 07:38 AM

Why make big deal out of it?
If they call you, you just hand over domain to them, and thats all.
If not, let it expire next year.

**nameslave** · 06-11-2004, 09:23 AM

Quote:

Originally Posted by dax

If they call you, you just hand over domain to them, and thats all.

The truth is that their "first contact" with you could well be a court summons (not a "cease and desist" letter), and you don't even have the chance to just surrender.

**Acro** · 06-11-2004, 10:50 AM

Quote:

Originally Posted by dax

Registration of TMed domain name with intent of selling is considered unlegal by the UDRP. You dont know if the buyer bought your domain with intention to develop it or to resell it again. So, the fact you sold it, doesn't affect the domain right now, cause its not yours any more, right?

Second, domain is not in you ownership any more, and you dont have anything to do with it, so my suggestion is to ignore them. Or you can just say that you sold it (domain speculation is permitted by the UDRP, specially if you were not aware of the TM in the moment of registration).

Registration of a name that is trademarked is not by default considered illegal; bad faith motive has to be established - this takes attempting to 1) sell products or services similar to the ones offered by the TM holder 2) or offering the domain for sale to the TM holder.

**dotNetKing** · 06-11-2004, 12:04 PM

Quote:

Originally Posted by nameslave

The truth is that their "first contact" with you could well be a court summons (not a "cease and desist" letter), and you don't even have the chance to just surrender.

Don't I know!

In my case, the alleged first e-mail (cease and desist), never arrived, the first I knew was when the UDRP case had been initiated!

**seeker** · 06-11-2004, 09:40 PM

Yes, I think its best not to take a chance in these situations...

**Laird Mobi** · 06-12-2004, 08:53 AM

They can't just take you to court without proper reasoning, they must try first to establish contact with you. In the end it's only reasonable they give you a chance to settle out of court. Where you could have just said simply ok take it! Surely???