What would you do if you realized your domains is in violation of a trademark...

[burgerman]

What would you do? How do you get rid of it? If you want to "give it back," does this action indicate guilt? Bad faith?

[24HourDomainer]

offer it up to the TM holder as a gift.

[Foxo]

Well I personally wouldn't just give someone a domain name if I came upon the name in good faith and intentions and with that had not yet used the domain name in such a way (whether intentional or not) that would constitute unfair use. Giving it back is not an indication of legal guilt but perhaps more so moral remorse. Legally a person is only guilty of violating a law if a court says so. However philosophically, one is guilty when imposed with a choice to do right or wrong. You can not be guilty if you did not willfullychoose wrongdoing and in this case mark infringement. But I think the second you realized you have infringed on a mark makes you guilty. But I'm no lawyer just my thoughts at almost 5AM...

[domaingenius]

Originally Posted by burgerman

What would you do? How do you get rid of it? If you want to "give it back," does this action indicate guilt? Bad faith?

You would only have problems worth worrying about if you used it
to pass off as the trademark holder. If you dont use it then likelihood
is nothing will happen unless they want or need the domain.

DG

[Focus]

Stoner domaining 101: Park it and see if it gets traffic & makes any revenue, then sell it on here for a big profit and buy weed with the money....smoke all the weed, register more typo names by trying to visit popular websites & typing fast while very stoned (as most of society will be doing), repeat as necessary to buy more weed.

[south]

Originally Posted by Focus

Stoner domaining 101: Park it and see if it gets traffic & makes any revenue, then sell it on here for a big profit and buy weed with the money....smoke all the weed, register more typo names by trying to visit popular websites & typing fast while very stoned (as most of society will be doing), repeat as necessary to buy more weed.

Excellent! Maybe this will be my 2009 resolution.

[aZooZa]

I'd set it to null nameservers so it never resolves and wouldn't dream of parking it.

[marcorandazza]

Stoner domaining 101: Park it and see if it gets traffic & makes any revenue, then sell it on here for a big profit and buy weed with the money....smoke all the weed, register more typo names by trying to visit popular websites & typing fast while very stoned (as most of society will be doing), repeat as necessary to buy more weed

Best post ever!

[Fearless]

Originally Posted by marcorandazza

Best post ever!

Beware of the wolf in sheep's clothing.

[draggar]

Originally Posted by Fearless

Beware of the wolf in sheep's clothing.

Worse are the sheep in wolf's clothing...

As for the TM domain, it all depends on the TM. For example:
If it is a generic (let's say apple related) domain and has nothing to do with computers (AppleForums, AppleSales etc..) then you can attempt to park it or develop a site but you'll have to make sure that 100% of all ads have to do with fruit, the second a computer related ad pops up, expect a wipo.

If it isn't, say something like Microsoft, then you have two safe choices: 1) Offer it to them as a gift, be honest (I didn't realize it was a TM) or surrender / delete the domain (or as others suggested - set the DNS to a null / empty so it won't resolve.

[aZooZa]

Originally Posted by marcorandazza

Best post ever!

You'll be at the top of my consult list. When will American lawyers take the bull by the horns and stop adopting the "Esq." British bullshit? We stopped doing that a good while ago. It's Victorian and looks essentially very silly. Actually, the form in the 1850's to the 1960's dictated that it indicated any 'gentleman' of unknown origin -- more a 'presumptuous noble' standard letter of address. Why do you clowns persist. 'QC' I can understand. There's one in my family. "Queen's Counsel".

For God's sake drop the "Esq.".

[marcorandazza]

Just as the British sailed out of Boston Harbor, but left the East Anglian dialect behind them, which persists to this day despite its having died out in the mother country, we continue to use "Esq." to note that we are licensed members of the legal profession.

Of course, not all do. Some prefer the "J.D." designation, but that seems to me to be a designation you earn by completing law school, and nothing more. The "Esq." lets others know that you are, indeed, an active member of the bar.

I don't use it all the time -- as I agree that it is a bit presumptuous in some circles. However, in an environment where the question "are you a lawyer?" comes up frequently, I think it is a good way to short cut that question.

Sorry it bums you out so much. Don't worry, I have no designs on joining the English nobility. In college, I ordered a piece of paper that says I am a "Scottish Laird," but I only did that so that it could be handed down from president to successor in my college dormitory -- along with the cardboard Burger King crown, and the "throne" made of a broken, beer soaked, La-Z-Boy. That's about as close to "nobility" as I've ever tried to seem.

[aZooZa]

What nonsense. My brother-in-law is a British solicitor and uses the humble LLb. Hons. if at all. His brother is here:

http://www.geoffreycox.co.uk/

Don't feed ME bullshit please.

[marcorandazza]

Solicitor and barrister are designations that do not exist in the U.S. legal system. The duties and responsibilities of both are merged in the American lawyer.

I'm not sure where your insecurity comes from, but I suggest you try and find the source and work on it -- because I certainly am not the guy who a) picked on you in school, b) banged your girlfriend in college, c) got your promotion at work, or d) did whatever it is that has your panties in a wad.

Whatever you happen to be mad at, it has nothing to do with me.

[Focus]

Originally Posted by marcorandazza

Best post ever!

It was all posted in good fun of course......

I would never recommend getting rid of perfectly good traffic/revenue names just to buy weed..that's what generics are for! duh.

Anyways, good to see more educated members on this forum. I respect any man who has the patience and discipline to get through law school, double that respect to those who teach it.

Plus, if that said entity just happened to be a fellow toker then he would be up for nomination as domain lawyer of the year in my book of bob marley rolling papers. God forbid he was a fellow domainer I might even actually like the guy regardless of the stereotypes attached to those who brave our world of litigation in the quite complex legal system that we all love to hate until we realize it's the basis of order in this world. Puff puff pass!

[marcorandazza]

It was all posted in good fun of course

Of course, and it had the desired effect (if the desired effect was making me laugh coffee out my nose).

I respect any man who has the patience and discipline to get through law school, double that respect to those who teach it.

I appreciate the props, but trust me... it doesn't take as much patience or discipline as you might think. And those who teach it are often as big a fraud as any huckster playing three card monty. I had law professors who had never practiced a day in their lives. Imagine any other profession where actual experience is considered to be a disqualification for teaching people how to practice that profession!

[aZooZa]

Originally Posted by marcorandazza

Solicitor and barrister are designations that do not exist in the U.S. legal system. The duties and responsibilities of both are merged in the American lawyer.

I'm not sure where your insecurity comes from, but I suggest you try and find the source and work on it -- because I certainly am not the guy who a) picked on you in school, b) banged your girlfriend in college, c) got your promotion at work, or d) did whatever it is that has your panties in a wad.

Whatever you happen to be mad at, it has nothing to do with me.

Well, the plain fact is that you are a laughing stock to me. I have no insecurity issues -- I am surrounded by British family 'old school' lawyers who would be perchance be astounded by your largesse (ad the 'e'). You're addressing a long term legal family here and we don't lower ourselves to "banged" metaphors - but if you insist, I'll bang you, you scheister.

[Focus]

Ohhhh the irony in life....and domain boards for that matter!

Azooza, shut the hell up and get a life..for the umpteenth time lol

Originally Posted by aZooZa

I'd set it to null nameservers so it never resolves and wouldn't dream of parking it.

The perfect solution to those with no testicles.

(and those who report posts such as this one because they have small members)

[aZooZa]

Originally Posted by Focus

Ohhhh the irony in life....and domain boards for that matter!

Azooza, shut the hell up and get a life..for the umpteenth time lol



The perfect solution to those with no testicles.

(and those who report posts such as this one because they have small members)

Well Focus, you know I need to succumb to the one with the brains and intelligent comment here. I would probably suggest that you are the second-most twat here.

[Focus]

That's the best you could come up with? I was really hoping for something much more juicy

I guess you just don't have any fire left in ya after so many years of online conflicts huh

Anyways, smoke weed and be merry..I'm off for sushi