Guys, should I risk my neck on this?

[Focus]

Waste of time......if they wanted it chances are they would already have it..they don't need you to pop out of nowhere thinking they will magically open their pockets up to you from heaven...lol

[gingeman]

Waste of time......if they wanted it chances are they would already have it..they don't need you to pop out of nowhere thinking they will magically open their pockets up to you from heaven...lol

Agree - they will probably not part with more than a handful of dollars for it even if they do bite, so you're better off wasting time elsewhere

[WebsiteTraders.Com]

instead find a traffic domain

[rebirth]

Guys, I wanna thank you for all your opinions. You've been very helpful on this one.

It's really difficult to decide something like this. In one side, I can throw my money away by purchasing this domain and some of you might even say, "Instead of throwing your money for nothing later, why don't you just donate me now?"

Hmm.

In another side, I can make a few pennies by having a little chit chat with the company. Just out of curiosity, which one would you contact first regarding domains? The chairman or president who runs the publishing company or the office manager who runs the magazine?

[maxximus]

No way. I wouldn't touch it either.

[domaingenius]

Some domainers dont think before they register "a" domain. You really
do,especially now, have to think "WHY am I regging this domain ?" . Is it
for traffic ?. Is it to sell to someone specific ? Is it to sell to anyone that
likes the name ?. You really do need to think why first.

In the current case ,that is a no brainer, it is NOT worth 10 cents
UNLESS you know it has lots of traffic. It is 100% certain they
will never buy it .they will laugh at you for trying. Why should they give
a F ,they have the .com

DG

[rebirth]

You really do,especially now, have to think "WHY am I regging this domain?"

Again, I'm not regging a new domain. It belongs to someone else as we speak. And it has been regged since the year 2000.

Why do I want to buy this domain? Well, it's old and cheap. And if all fails, I'm thinking about holding it for a while. You know, since the bush library case, I just can't stop thinking about taking a few risks along the way.

Anyway, thanks for the advice!

[allroundguy]

Moment ...
Trademark is about Trade And Mark.
There are a number of classes.
If a class is not registered, it is open for use.
A name "whatever" can be used by a fisherman, a bakery, a software firm etc.
If one of them has registered for all classes incl. fish, baking, software, then nobody else can use the name for any class.
Many people only register for a few classes.
Folks, understand that TM is not to protect marks but to protect trades.

[draggar]

What???

There are many out there that believe and write and label anyone who owns a domain name without a developed site is a cybersquatter simply because that person is not allowing someone else to have it.

My point is there is no risk in being labeled a cybersquatter if there is such a loose definition of the term.

Now, being labeled as in defendant in a TM infringement case? Especially when you know better?

Yup, I'd call that sticking your neck out.

If the OP owns a domain that is lost though a WIPO case, he is labeled by the legal community as a cybersquatter which might make future cases, even ones that are frivolous, harder to defend.

That's what I meant - not labeled by the domainer community.

(Unfortunately the term "cybersquatter" is vastly overused today).

Moment ...
Trademark is about Trade And Mark.
There are a number of classes.
If a class is not registered, it is open for use.
A name "whatever" can be used by a fisherman, a bakery, a software firm etc.
If one of them has registered for all classes incl. fish, baking, software, then nobody else can use the name for any class.
Many people only register for a few classes.
Folks, understand that TM is not to protect marks but to protect trades.

True but a TM also protects usage. The OP was rather unclear about his intentions of the domains (presumably he was going to attempt to sell it back to the owners of the .com). Right there is bad faith in the eyes of WIPO.

Now, WhateverWeek.com - say it's a random publication made for teenagers "what-evah!") and he took the .org and put it up as a personal blog - as long as he doesn't violate the TM holder's usage rights (or whatever it's called) he should be safe.

Most common example is with Apple - say I was able to get Apple.com (OK, Apple got really stupid with the renewal). If I put up a site that even hints at computers then I open myself to a WIPO case but if I put it up selling apples (the fruit) and apple related products (apple pie, apple tarts, apple peelers) then Apple would have a tough time getting it from me (apple being a generic term) but if the phrase is TM'ed and not a generic (like Microsoft, Ford, Western Digital) then that would make it that much harder to successfully defend the case.