closed great name or TM nightmare

[Nexmax]

I just regged
gladiator2.com on a drop

there are plans for a movie release, but other than that details are few. Have I scored or have I set myself up for trouble?

 

[samscripts]

Originally posted by keshe Have I scored or have I set myself up for trouble? [/B]

Set up a quick site with links to other sites to do with gladiators (educational and fair use), and no mention of the movie, and hope they make you an offer when the movie comes out?

reg gladiatorII.com if its available as well...

sam

 

[adoninet]

this is really a tough call

whoever is at the film company in charge of the sequel who is responsible for domain names should be fired

but then again, I don't think most studios even have such a job

look at all the crappy names films get released with as to domain names

I don't think they'll come to you, so if you go to them that could make you lose it as per Icaan rules, trying to sell a domain name for profit to a TM owner

check the TM site and see if any studio TM'd the name yet or if glad two is tm'd as well

now there's probably a script around with glad 2 on it or glad two or glad II

but it's most likely not in the public domain as anyone seeing it yet

so the question is, can a company claim a TM on something that is not yet in the Public Domain

from my dealings over the years with TM's for my own companies I would say no

the key to getting a TM registered is using the name in the public domain

now since the movie is not yet "PUBLIC" you could have a good claim on it

but Icaan demands you have a use of the name

so what is your use?

it costs what 1500 to file an icaan case and the fees to the lawyer, who would probably be in-house to the studio

so if you aren't greedy you could probably get a token amount for it under 1500

but if you go to them, that is proof of cybersquatting in Icaan's eyes

now a fan site about the movie and a forum could make you a busy little site for a short time

but how do you make money with it

if traffic = money then the .com bust would never had occurred

very few companies make big bucks off of traffic

tons of companies have decent traffic and no buyers for it

if you to try some affiliate program and get paid for exits or links ro whatever, good luck, I've seen so many of them come and go over the years I don't bother with them

but maybe some know how to get paid for having traffic from a company that will be here 6 months from now

anyway, if they come to you say make me an offer

take it

if you go to them it's under 1500

you're doing a "razor dance" here

you're technically cybersquatting

you know the movie is coming soon

you know the company should have it

but the movie isn't yet in the PD

so are you a cybersquatter or not?

cybersquatters lose all icaan cases, now some folks make a living cybersquatting knowing they can get minor token offers for obvious TM issues

your TM issue is a gray area

personally I don't think you're a cyber squatter right now, since the movie isn't in the PD

but that's playing with fire as they say

good name, the only question is how do you get it to the studio without losing your rights to it?

 

[Nexmax]

thanks much for your time and detailed response. Figure I'll put up some site and hope for the best. I didn't know of the movie until after I regged the name, but I figured it was worth a shot. I mean crowe died right? Overdue already has results for it, and even if they call it something different I figure people will still call it such. I'm not going after other names as that would seem to be pushing it a bit.

With movie budgets the way they are they just have regged most of these names before the release of the first one. It should get me some traffic and maybe I get lucky, if not I have decent name.

 

[ad-lib]

I like it Keshe. Do not worry about any TM problems. It will sell,
and if it doesn't you will definitely make more than your
initial investment back with the traffic it brings to a PPC se.

Good luck.

 

[Deleted member 2020]

Nice post adoninet.

You might be a "cool newbie" by DNF criteria, but you are obviously not much of a newbie to the domain business!

 

[adoninet]

thanks dnk