For Sale pages and TM's

[domain_investor]

If I change my names from showing a parked page to showing a "For Sale" page instead, what does this mean for any potential TM issues? Does it show more or less "bad faith?" Obviously, the least bad faith would be to have the names not resolve to any page (and I do this for a handful that I think might have a potential problem), but I reserve doing this for only those that are most valuable and most risky.

Seems okay at first glance, as I'm not earning any income from the name. And given that trademarked names are only trademarked in specific classes, a For Sale page would not indicate any class at all.

I'm not talking about names that are TM's of big companies, or typo's TM names either. Just the usual run of the mill names that one has no idea that there is even a company that might claim a TM for--the ones you don't expect.

 

[Brett Lewis]

Speaking in generalities is difficult to do, but there is nothing inherently improper about buying or selling descriptive or dictionary word domain names. If a third party trademark holder does exist, however, even if their trademark use is limited to a particular class, a "for sale" sign on a Web site may convince some Panels that you were aware of the trademark holder -- especially if the mark is registered.

 

[domain_investor]

Thanks Brett. I can understand how a For Sale page could do something like show how I was trying to make money off of a name, but I'm unclear how it may show that I was aware of the trademark holder, any more than if it was not For Sale. Could you clarify?

 

[muris]

Panelist(s) may recognize "for sale" page as indirect attempt to sell the name to a trademark holder or for profits, which may constitute bad faith.

If panelist(s) see an opportunity they seem to jump on it - the trademark holder claims are bases for their existence.

 

[RTM.net]

Sell them as a legitimate, and established, developped site - if you can.

I've being saying develop, develop, develop domains since the... 90s!

Rob

 

[domain_investor]

I wish I could develop them all, but there are 5,000 of them.

 

[Brett Lewis]

Panelist(s) may recognize "for sale" page as indirect attempt to sell the name to a trademark holder or for profits, which may constitute bad faith.

If panelist(s) see an opportunity they seem to jump on it - the trademark holder claims are bases for their existence.

Bingo. Sad, but true.

 

[domain_investor]

Sell them as a legitimate, and established, developped site - if you can.

I've being saying develop, develop, develop domains since the... 90s!

Rob

I believe you. But it doesn't make any sense, since I am trying to sell to the world not the TM holder. Especially if I don't even know one exists. It's not like I have the header of the page "For Sale to TM Holder".

In any event, I guess a For Sale page is better than a parked page as I would not be currently profiting from ads that appeared on a page with their TM.

Hey, what if instead of For Sale, it was simply a page that was titled with the domain name, and then had a "Contact Me" with a contact form? That page indicates nothing at all.