Is It Wise to Buy Domains with Registered Trademarks? Looking for Legal and Valuation Advice

[sudhakardasari]

Hi all,

I’m thinking about bidding on a domain in an auction. Right now, the bid is around $XXX and there are about 1 days left. The problem is that the main 2word in the domain is actually a registered trademark.

Can anyone tell me if it’s a good idea to buy domains that have registered trademarks? I know you can use them for business, but is it legal to buy them just to flip (resell) later?

Also, what’s the best domain appraisal tool to check the value of such domains?

Thanks for any advice!

 

[accurate]

No!

Absolutely not.

See what Wordpress Foundation does if you use "Wordpress" in a domain name.

 

[sudhakardasari]

Thank you for sharing the update

 

[nicenicnicenic is verified member.]

Hi, sudhakardasari

Domains tied to trademarks can get tricky. Safer to invest in clean, brandable names.

 

[clasione]

My recommendation is to steer clear of TM domains.

 

[NameSiloNameSilo is verified member.]

You need to be able to defend in court and UDRP that the registration was not to sell the domain to the trademark holder but the string is generic and can be used for many other purpose also (see the case of booking.com) It is an uphill battle, it is not worth the hassle.

 

[NameKnow.com]

your post proves you're trying to buy the domain to resell to the trademark holder. This is enough evidence for a successful UDRP request against you.

 

[NameSiloNameSilo is verified member.]

your post proves you're trying to buy the domain to resell to the trademark holder. This is enough evidence for a successful UDRP request against you.

question is the string itself, just look up the nissan dot com case, if the string is generic enough you may be able to protect your case during UDRP, but getting dictionary word domains is a better long term game (just like those we publish at www.catch.club)