For Sale Please! Need urgent help! DNF for help!

[peter]

Ok, this is the deal.
I have found an unregged name, that will be worth alot, but it is trademarked.

The .net is already taken by a private person.
The company that has the name trademarked is a VERY big company, and the money to take me to court wouldn't be anything for them.

However, if i reg it and don't manage to sell it, and they contact me saying they are ready to proceede with legal actions, can I then just drop the name or give it to them, and everything will be OK?

I will give 30 DNF for a very good, true and detailed answer.

 

[Kid Kool]

just forget about it.

 

[peter]

why? I REALLY want it

It's SO good

 

[Kid Kool]

if it is a trademarked company it can't possibly be any good. end of story

 

[peter]

the name is:

companyproduct.com (replace company with company name and product with one of their products)

 

[Kid Kool]

the domain is no good.


companyproduct.com would be great, but not if you are talking about a specific company and "companyproduct.com" is not the actual name.

 

[DNQuest.com]

If you register it and the company sends a letter, just say that you were gonna sell items (if an affiliate) or that you are new did realize the implicatiions of registering the name and just transfer to them (they may re imburse costs). Or you can setup an opinion site about the company's product. As long as you don't offer them the domain or do anything that would be deemed wrong (Adult site, or sending to a competitor)

These are underhanded things to do, but just simply registering a domain won't mean lawsuits. They would send a C+D you reply ok and it's over.

I only had one domain which I just dropped with no problem, I regged 1800skymall.com. I actually wanted to do a parody of usefull, but never-will-happen items. IE- Rear view bright lights for a car.... For that guy with his brights riding your tail.

 

[peter]

so if I just reg it and dont put a site up, i can't get sued for money? I would give them the name if they emailed.

 

[DNQuest.com]

You can always get sued, but if you say "ok, here it is" after a letter, it's much cheaper than going to court and 99.99% of the time, the company won't proceed. The only time a company will go to court is when a person says no or doesn't respond.

 

[Kid Kool]

they can sue you just for regging the name. doesn't mean they will, but i would not waste my time.

 

[peter]

what do you mean by saying "here it is" ?

the name or the money they want?

 

[DNQuest.com]

The domain, sorry.

Company's will always send a C+D first, it is the cheapest way. They use an asistant that fills out a template letter. It costs alot of money to take a person to court. So if you say, here is the name, they will not go to court (usually).

 

[peter]

OK.
Shit, I don't know what to do here.

Anyways, 30 DNF to you

 

[Kid Kool]

dnquest...check your PM

 

[peter]

actually, I will reg it myself.
I have spoken to some people who know their stuff, and as long as I give it to them straight away if they send me a C&D, and don't put anything up, I will be OK.

I will try to sell it as soon as I can though.

 

[Kid Kool]

but why would you knowingly sell a domain which violates a trademark. if the person you sell it to gets sued it could come back to you

 

[peter]

trust me, no one would buy this name without knowing the risk.

 

[MarkyMark]

there are thousands and thousands of domains registered of the kind you describe by privatepersons who even use the traffic to make some money. Its just a small small fraction that gets sued or even asked to hand over the domain...

 

[TexasFillyTexasFilly is verified member.]

if you reg' the name.. and don't build on it (in compete with them)
and they approach you requesting you turn the name over.. just do it.. you'de not have too go to court.. if you gracefully turn the name over. if they try to sue you if 'you don't ' give up the name, then yes you'll have court fee's, and most likely LOOSE if it's a TM name...

keep us posted! '-)

 

[GeorgeKGeorgeK is verified member.]

Microsoft doesn't seem to go after everyone. See microsoftword.com and microsoftexcel.com as examples.