worst case scenario for TM domain

seeker · Dec 9, 2003

I would like your advise on what is the worst case scenario (realistic) if a person accidentaly registers a domain that has part of a TM in it?

lets say HP. That's a TM.
HPdealers
and let's say, since I realize I made a mistake, I dont use it until it expires. Other than getting a C&D, does it get worse?

I dont own HPdealers, I am giving an example.

the important part here, is 'dealers' or 'dealer', I thought that a dealer of a company might not be an actualy TM violation, but I really have no idea.

P.S.
Please don't tell me that they'll come after me with helicopters in the middle of the night and kidnap me

Any help is much appreciated,
thank you in advance!

Mr Webname · Dec 9, 2003

You're okay ..... they won't come at night!

DaddyHalbucks · Dec 9, 2003

If you live in the US, the worst case scenario is that you get sued for cybersquatting and trademark infringement and trademark dilution and you get assessed the $100,000 statutory penalty for cybersquatting and you must pay opposing counsel fees and you lose your house and your business and you must file for bankruptcy and you lose your reputation.

If you live outside the US, you face the wrath of local laws, plus a loss of your reputation.

seeker · Dec 9, 2003

thanks.
Even if it's not a .com, and the .net is used by someone other than them?

So basically, I have to live in fear until the name expires?

izoot · Dec 9, 2003

If your terribly concerned...you can always delete the domain from your account.

Most of the time, companies aren't going to
come at you full force unless you give them reason too. Remain professional at all times, refrain from emotional responses.

As to your reputation, if you don't make a habit of regging tms and you don't end up fighting the tm holder with baseless excuses of why you regged it ( if its a obivous tm ) and claim they are wrong to come after you ... you should be ok, no ones perfect.