closed One of my best !! Please appraise.

[windyreddy]

Hi. I have :

MacintoshComputers.com

Please appraise.

thanks,

Arvind

 

its not one of your best, its a tm infringe and a liability.

 

wow great name sir I appraise it for 500$

 

A good name, but scary at the same time. Steve Jobs is insane and he would prob go nuts if you put up a site using it.

Good luck!

 

[windyreddy]

Hi Safesys. There are dozens of websites that run with macintosh, mac tag !!!

e.g macintoshconsulting.com is with buydomains.com !! I found quite macintosh/ mac domains in use/ parked .

I once had BMWcarparts.com and sold it very easily. In my opinion some corporates do allow use of their trademarks in urls.

What say ??

regards,

Arvind

 

Just because other people are doing something doesn't mean that its legal, condoned by the tm holder or that *you* won't get in trouble over it.

 

wipo bait. Asking for a value on it here probably magnifies the chance of a legal dispute.

 

[Bob]

As snoopy and safe say..

If MacIntosh chooses to pursue this, you will get beat up pretty badly.

Maybe if you had choses "MacIntosh Apples" you would be better off, especially if you sell apples and oranges.

Sorry Windy - They only way you will sell this is if you sell it to an unsuspecting person who does not know any beter. At that point, you will be giving your problems to them.

I would point it at an affilaite and try to make money from it until MacIntosh comes after you.

-Bob

Originally posted by windyreddy
Hi. I have :

MacintoshComputers.com

Please appraise.

thanks,

Arvind

 

[domaindirk]

If you find a buyer, sell it and let them worry about big red. If you get a nasty letter from some looonnnnggg named law firm, drop it. Don't recommend developing, redirecting or advertising it. Just sit on it and see what comes along.

 

[joe]

Seems everyone is right at some point.

Good Luck!

 

[jalapeno]

My first thought was TM infringement, too, but just think of all the stores who sell Macs who have "Mac" or "Macintosh" in their names. Online there's the Mac Zone, and no one ever sees a problem with a B&M store using "Mac" as part of their name if they sell Macintosh computers. There's one here in Seattle... can't quite think of the name offhand, maybe because I use PCs.

So the name may be fine. I wouldn't fight a cease & decist letter from Apple, though, if it shows up in the mail.

 

[domaindirk]

Sorry, but it's on the list.

http://www.apple.com/legal/appletmlist.html

 

[DropWizard.com]

Guys you don't understand TM law.

Somebody mentioned above that corporations allow the use of their Tm in urls. Yes they do.

If he sets up selling Macintosh Computers with as a licensed dealer or affiliate this is TM law.......

Where a TM holder has not registered his TM a licensed dealer CAN!

There have already been WIPO cases on this point and the TM holder LOST!

To a licensed dealer or setting up as a dealer the name is worth a fortune. Given current values I would say 75k easy!

 

sorry but your way off mark gmartin, the name is very clear trademark infringment. Whether a computer dealer has the right use it is beside the point since windyreddy isn't in that business as far as I know, and even then its simply not as clear as you make out. I think the UDRP cases your thinking about occured where the companys sued authorised dealers, that is not the case here.

 

[DropWizard.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!

Sorry I thought that was the point I made!

 

[David G]

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

 

[DropWizard.com]

AgainI'll point out my statement was "an authorized dealer or someone setting up as one"

However I would be interested in this wipo newletter do you have a link.

I would also be interested in seeing cases where the licensed affiliate issue was raised and the domain taken away. I don't believe there have been any! I asked this question a few months ago and the answer at that time was no. I don't get to read every case however.

You also need to understand that WIPO decisions are frequently at odds with the law. Unfortunately it is a evolving field and most often the domain holder is a small individual vs a large corp with $$$$. Apppeals are far and few between. That doesn't mean it is law though. Courts would/could give a different outcome if it went before them.

 

[Smith]

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