Domains containing TMs

[netfleet]

I'm sort of thinking there would be about three subets of this type of domain and I'd be interested in knowing how an owner stands legally on each one:

• trademark.com - where the actual TM is the domain name eg ebay.com
  
• trademarkrelated.com - where the tm makes up part of the domain name eg ebaysecretstoselling.com
  
• trademarkclarification.com - eg ebayauctions.com

Also, what are the penalties if it's found that you did register a domain in bad faith? In reality have domainers really been hit with legal fees, lost revenue etc?

cheers

Dave

 

[BiggieBiggie is verified member.]

it's best to stay away from those types of names, especially if you don't know the risks involved.

 

[BobDiGiTaL]

Even knowing the risks, it is not wise to own TM infringing names.
I have had a few domains taken away(forced to transfer) because they "may" have infringed.

 

[interactx]

We had some TM domains taken away as well. Part of the accusation was we were profiting from them being parked. So watch it with those TMs. The biz wants them, they will get them, the way it usually goes.

 

[JayB]

Welcome To DNF!

Regards, JMD

 

[DNQuest.com]

Teh best advice is you will ever get is this...

Go to the legal section, use the search bar and type in "trademark" and "tm", spend about a week ready everything. You will save time, moeny, hassles and headaches.

As far as potentional penalties:

Loss of the domain
Loss of all monies gained from the domain
Loss earnings of the TM holder
Punitive damages
Your legal fees
Thier legal fees
$100,000.00 for violation of the Lanham Act
Labeled forever as a cybersquatter (which could affect future disputes)

I think that the most of it...