For Sale ***Paypalforum.com ***

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I'm selling www.paypalforum.com

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Expires: August, 2005

Price: $150

POST SOLD TO CLAIM!!

 

[ZaZZeR.com]

don't you think there are possible tm issues?

 

[Dale Hubbard]

Yes, there are definitely TM issues.

You can see specifically why (PayPal) here:

http://www.paypalsucks.com/domain-name-disputes.shtml

 

[yd0]

But you can argue they are making bad advertisements of paypal. if paypalforum.com is used as good advertisement i dont see why paypal would wanna delete the domain / take the owner to court

 

[Dale Hubbard]

You need to read the article. The legal issues are quite clear. Let me know which part of it you don't understand and although I'm not a lawyer, I'll try and explain.

Again:

http://www.paypalsucks.com/domain-name-disputes.shtml

 

[Wise]

Its always difficult with trademark, I am a lawyer.

The general rule of thumb is dont take on this type of domain unless your ready for trouble, that said there can be exceptions to the rule, there are a number of websites out there that use trademark name but are in the main praising that firm with their comments. Thats okay as long as it remains that way but there is always the chance this will change if service levels drop and they will take action at that point.

Others have tried to apparoach a firm and explain that the reason they are setting up the site is to promote their service, this kind of approach will always be met with opposition.

Really, if you take on a domain like this be prepared to either put up a fight to keep it or be prepared to simply drop the site when it becomes to hot to handle.

just my 2c

 

[Dale Hubbard]

Wise, did you READ the article? Read the defending lawyers' rebuttal to the complainant's lawyers' letter. I think paypalsucks.com will stand up, but they are of course NOT praising PayPal. I don't think paypalforum.com will stand up because it could be misinterpreted as a PayPal site or held to be 'passing off'.

It appears that the opposite of your argument holds true; it's OK to have a site which is disparaging of a trademark, as that appears to come under the 'free speech' rights. I am a Brit, and am not a lawyer, but have had plenty of of dealings with this type of thing. I sold UK Royal Mail's domains to them that they forgot to register a long time ago. But they were prepared to pay for them (luckily for me).

Really, if you take on a domain like this be prepared to either put up a fight to keep it or be prepared to simply drop the site when it becomes to hot to handle.

I agree.

 

[Wise]

I am not talking about paypalsucks to which the article relates, I am referring to the reason for the thread, paypalforum, the *.sucks issue is totally different and does justify a "free speech" argument, but paypalforum is a direct trademark infringement.

 

[Dale Hubbard]

That's what I said.