Originally posted by gmartfin Re: MacintoshComputers.com. "To a licensed dealer or setting up as a dealer the name is worth a fortune. Given current values I would say 75k easy!"
Agree with Snoopy. I subscribe to the WIPO Decisions Newsletter which comes on daily basis.
There have been many cases where even someone who was an authorized affiliate selling their products had the domain taken away regardless. I am sure there are many more cases favoring the TM holder than against.
It really makes little difference if you are using the name to possibly benefit the TM holder or not, it is still a TM violation. The trademark owner cares much more about their trademark than they do relatively insignificant sales from someone's affiliate program or a fan club site, etc.
Unless the TM holder gave specific written authority to register a domain with their name in it you are in violation unless you are in a different business, such as selling Macintosh Apples rather than computers, for example.
The main reason so many TM violations continue and some clear TM violation domains actually sell to third parties is the corporation usually simply never got around to pursuing it or filing a WIPO Complaint. In the case of resales, the buyer of a trademarked domain is possibly a newbie or poorly informed on trademarks.
Easy to remember link to the USPTO - www.PatentAndTrademarkOffice.com