Registering a TM from obscure country

[jjgallow]

Hello,

I've registered a trademarked name from an obscure country which you wouln't even expect to have a registry.


It gets significant traffic, through typos. It would be the equivalent of registering, say:

pepsi.blah


In this case, am I correct that I can lose this name to the trademark holder?

Next question:

Is it okay to park it with Sedo, or someone similar, and generate Parked revenue, providing it does not advertise a similar product?

I am under the impression that if I avoid a similar product, or a defamatory one, I can generate revenue from the domain until the trademark holder has a problem with it.

At this point, is my greatest loss the domain, or do they sue me for millions?

 

[DNQuest.com]

My first advice if to search "tm" and "trademark" in this forum, then read for many many hours.

If a product has an international presense (IE- Pepsi), then you will be likely to lose the domain. (Then again, the question needs to be asked how you TMed something like that?)>

When you park a domain that violates TM law, you are using it in bad faith.


"I am under the impression that if I avoid a similar product, or a defamatory one, I can generate revenue from the domain until the trademark holder has a problem with it."

This quote is too broad to be stated in it's current form... If the TM is unique in nature (IE-Pepsi), then there is almost no way to use the name wihtout violating TM law. If the TM can be considered "IE-generic" (IE- windows, apple), then usage of the domain will depend on catagory. When you genereate money, how are you generating it??? If you are only parking it, then it is never ok, but people get away with it. If you have a legitimate reason for using the name, then that is a different story (IE- Apples Fruit Stand).

Now, my favorite misconception...

People say, I only lose my domain, so what's the big deal? The reality is, you can lose all monies earned form the domain, you could pay the TMs expenses in defending thier domain, You could pay for the business lost by the TM holder, you can be fined up to $100,000 per occurance of a TMed domain... I'm sure theere is more you could lose. That is what could happen.