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In the immediate area where I live and work there are many large companies who have websites but have failed to secure all the variations of domain names. What are the legal ramifications of registering these names and trying to sell them to these companies?
Is anyone aware of any record of this type of business being done?
I look forward to your responses.
Yes it's an old practice dating back to CocaCola and WhiteHouse.com. You should spend some time reading UDRP cases before you spend money on this. If the existing company can demonstrate a TM (doesn't even have to be formally registered), show you registered in bad faith, and (I forget the third criteria at the moment) they can seize your domain, recover any money you received from its use, and brand you a cybersquatter. An attempt to sell back to the original TM holder is an automatic demonstration of bad faith. Once you're branded a cybersquatter that’s sufficient proof to demonstrate bad faith in any future domain case. Note I am not a lawyer and this is only my interpretation of the existing rulings.
Of course for various reasons, this doesn't always happen. And there are many shades of gray. However I would urge you read, and read some more before going too far. If you still want to pursue, it might be advisable to consult with John Berryhill or another IP lawyer. The laws are not on your side with this approach.
Cheers,
BidNo
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