closed disneytickets.net

[princehull]

disneytickets.net
Could someone out there give me an approximate appraisal please? Estibot says $3700 and the dot com is $170,000
Thanks!

Domain: disneytickets.net
Keywords (User-Defined) disney tickets
Frequency (Google) 555000
in Anchor Text 47000
in Title 95500
in URL 21700
PPC Ads # 57
Max PPC Bid $8.62
MAX PPC Income/day $1810.2
Overture/mo 61102
Wordtracker/day 505

 

[Wot]

Easily $100K plus.

Less fees.

 

[princehull]

Thanks. I appreciate you taking the time!

anyone else care to share their opinion? Thanks!

 

[goodguyy]

Other than the TM Infringment the 100K would be for your legal fees. Even without the TM issue its ok i guess.

 

[princehull]

According to some lawyers I have consulted with it depends on how it is used. As long as there is no confusion of the goods or services being offered there is no infringment




The mere registration of the name does not a real trademark use make.
Depending on the use that mark is put to on the Global Computer Network (as the PTO calls the Internet),there may be a "use in commerce" or not. The PTO recently issued regulations regarding their examination of trademarks and domain names. See the Links to the PTO.
To "use" a trademark for example in the electronic goods (software, hardware) class (09) one must be selling the goods through a process whereby the buyer buys them generally retail. Online class 09 goods can be sold by being bought by e-cash or charge online and in the same session transfer or download the software to the buyer while online. Any "mere" advertising of the goods without that online completed transaction tends to be in the "services" class 035 or "business services." See the Links page > U.S. Government > Patent & Trademark Office for the newest policy.


2. The URL or Universal Resource Locator consists of two main parts: in "myname.com" the "myname" is the lower level and the ".com" is the basic type or high level name. The "name" actually symbolizes a series of numerals, separated by a dot. Thus "greenandgreen.com" means 123.456.789.14, and links via a DNS the user to our home page. As in non-cyber space trade, it possesses all the attributes of a trademark IF used on a website to provide the type of goods and or services in the desired class. You will not soon see, for example, "McDonald's registered in the food class if it stopped having restaurants and thought it cold download food via a DNS. If you want this attribute, add "TM" or "SM" to it and use it to identify the goods or services of people and companies on the Internet and to distinguish them from the goods and services of others. This is really the essence of branding and is considered in the "advertising" class, 35. The fact that these names are searchable can and may prove to be a challenge, since the use of a name that can be searched (assuming it is on a database) may be deemed to be a willful infringement subject to penalties, or perhaps a case of "presumed" knowledge.

• The test is, "whether the infringing URL might cause "public confusion." In other words, if the URL bottom level domain name is the same or very similar to a famous, known or used trademark, the trademark owner might have a claim based on:
• >Whether the domain name as an address might lead customers to the web site in the expectation that certain desired goods or services would be found at the site. Does the domain name cause public confusion or might it?
• The proof is expensive and extensive since a public survey may have to be done to prove such a claim. The trademark owner might obtain a court injunction to stop a domain name if the mark is similar to a domain name and it is strong, registered and not generic or descriptive. Claims may be held to be infringements, and whether willful or not this can cause cancellation of a "domain name", criminal liability, civil liability and punitive damages and seizure of goods or shut down of a site could occur. The InterNIC has been the subject of a litigation over these and other similar issues. No doubt this will be the situation with ICANN.

 

[TheLegendaryJP]

Wow and wow.

 

[princehull]

Has anyone ever read this:

http://www.tabberone.com/Trademarks/DisneyLawsuit/ourlawsuit/complaint.html

more info at:

http://www.tabberone.com/Trademarks/DisneyLawsuit/DisneyLawsuit.shtml

 

[Wire]

I would put it more in the 20k range. Disney users are especially susceptible to going right at the dot com by typing it in directly so you lose a little more traffic than other .nets.

Some companies regularly chase title holders regardless of win/loss ratios. They have lots of money to burn and many people just walk away rather than face a claim. Try to determine if Disney is likley to pursue. That should help determine how long you can hold on to it.

 

[princehull]

Thanks, usedagain1, for your opinion. Ipicked it up more as an investment for my kids, since it is Disney. I figured on either developing it into a site with affiliate programs with others selling Disney tickets (after all disney already got their money from them) or selling it to an enduser, maybe a timeshare company who gives away Disney tickets for viewing their property.

 

[DNP]

Well, first of all it is a dropped two days ago, twoworder domain with .net extension + some potential trademark issues... very low xx,xxx IMO Reseller of course.

Nice pick up anyway and good luck!

 

[Wire]

Sometimes, and of course it is hard to know when, companies are more than happy for you to sell their product using their name as long as it is rich informative content that gets sales and puts money in their pocket. This also creates some dillution of rights for the copyright title holder, because if they are ultimately approving you to become an affiliate through their channels (CJ, Linkshare, etc) then its technically like they licensed you to own the name.

This is of course not legal advice in any way. But I have certainly done the same as above and never had a problem. However, that being said, Disney and others big bad boys can be evil.

 

[princehull]

DNP, thanks for your take on this. I appreciate that you pointed out the potential issues but still gave an opinion on value.

Usedagain1, I agree completely. I know from the many times I have been in the Kissemmee, FL area that there are many small places around using Disney logos, characters, etc, selling tickets. Also, I do know that Disney Stores has an affiliate program as well. I am sure there is a way that it can be set up legally and with no problems. "disneytickets" isn't really giving a company name, but in fact a description of what is being offered. Any thoughts on that?

 

[WeBuyThe.Com]

I would say it's a high risk to even hold this one. Disney has hundreds of lawyers. What else could you offer except DISNEY related items?

 

[Fatbat]

I guarantee that if you use this for anything, you will find yourself in a legal fight with Disney. You can be sure that any T&Cs for affiliate work with them will include a clause which forbids you from using their marks, either visually, as domains, and perhaps even as purchased keyword advertising.