Trademark - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**icen2345** · 01-16-2009, 06:58 AM

I have a question about trademarks. There is a .com domain name registered in 2000. In 2004, a trademark was created that is exactly identical with this domain name. Now, I want to buy this domain name. Is there any possibility that I have problems with the trademark law? The domain was registered before the trademark so it should be ok I guess. The only problem I'm thinking is that I will buy the domain from its current owner while a trademark already exists. Can this be a problem?

Thanks

**domaingenius** · 01-16-2009, 10:49 AM

Well what you want to do I guess is (a) find out what he used the website for before
(b) get him to give you a contract passing over all accrued goodwill in
the name and domain so that you own the goodwill from before the TM

DG

**Acro** · 01-16-2009, 10:53 AM

A change in ownership does not necessarily inherit immunity from a mark's rights due to age. It all comes down to a) prior use and b) the use that you will implement.

**icen2345** · 01-16-2009, 01:49 PM

Well, right know (and I guess it was always like that) the domain is parked and not in use..
If I buy the domain, I'm planning to park it and not develop it..

Does that make any difference?

**domaingenius** · 01-16-2009, 01:54 PM

Quote:

Originally Posted by icen2345

Well, right know (and I guess it was always like that) the domain is parked and not in use..
If I buy the domain, I'm planning to park it and not develop it..

Does that make any difference?

If its a good domain why not spend £200 getting a Trademark
yourself to protect yourself and domain ?.

DG

britishbulldog · 01-16-2009, 04:32 PM

Quote:

Originally Posted by icen2345

Well, right know (and I guess it was always like that) the domain is parked and not in use..
If I buy the domain, I'm planning to park it and not develop it..

Does that make any difference?

Makes no difference if the domain parked and the adds relate to the TM business they will nail you for it and will get the name back via WIPO.

**icen2345** · 01-18-2009, 10:58 AM

Well, I still haven't decided what i'm going to do.. but thanx a lot for your replies!

britishbulldog · 01-18-2009, 06:00 PM

you will be O.k if the ads are not relevant to the TM business ;-)

01-16-2009, 06:58 AM	#1 (permalink)
icen2345 Platinum Lifetime Member Last Online: 11-20-2009 08:32 AM iTrader: (5) Join Date: Nov 2008 Posts: 80 DNF$: 60 Country:	Trademark I have a question about trademarks. There is a .com domain name registered in 2000. In 2004, a trademark was created that is exactly identical with this domain name. Now, I want to buy this domain name. Is there any possibility that I have problems with the trademark law? The domain was registered before the trademark so it should be ok I guess. The only problem I'm thinking is that I will buy the domain from its current owner while a trademark already exists. Can this be a problem? Thanks

01-16-2009, 10:53 AM	#3 (permalink)
Acro Bloody lovely Last Online: Yesterday 02:57 AM iTrader: (394) Join Date: Feb 2004 Posts: 23,904 DNF$: 4,079 Location: USA Country:	A change in ownership does not necessarily inherit immunity from a mark's rights due to age. It all comes down to a) prior use and b) the use that you will implement. __________________ DomainGang.com - Domainers' Most Awesome News Source Acroplex - Web & Graphics Acro.net - My Blog My Countdown Counting down to: Snapnames rebate hitting my mailbox 77 days 10 hours 19 minutes

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01-16-2009, 10:49 AM	#2 (permalink)
domaingenius Platinum Lifetime Member Last Online: Yesterday 11:07 AM iTrader: (5) Join Date: Mar 2006 Posts: 1,027 DNF$: 148 Location: United Kingdom Country:	Well what you want to do I guess is (a) find out what he used the website for before (b) get him to give you a contract passing over all accrued goodwill in the name and domain so that you own the goodwill from before the TM DG

01-16-2009, 01:49 PM	#4 (permalink)
icen2345 Platinum Lifetime Member Last Online: 11-20-2009 08:32 AM iTrader: (5) Join Date: Nov 2008 Posts: 80 DNF$: 60 Country:	Well, right know (and I guess it was always like that) the domain is parked and not in use.. If I buy the domain, I'm planning to park it and not develop it.. Does that make any difference?

01-18-2009, 10:58 AM	#7 (permalink)
icen2345 Platinum Lifetime Member Last Online: 11-20-2009 08:32 AM iTrader: (5) Join Date: Nov 2008 Posts: 80 DNF$: 60 Country:	Well, I still haven't decided what i'm going to do.. but thanx a lot for your replies!

01-18-2009, 06:00 PM	#8 (permalink)
britishbulldog DNF Addict Last Online: Today 10:32 AM iTrader: (6) Join Date: Jul 2005 Posts: 1,923 DNF$: 3,926 Country:	you will be O.k if the ads are not relevant to the TM business ;-)

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