Thinking about buying a TM typo domain. Should I?

[Imarketingaddict]

Someone is trying to sell me a TM typo domain. I was going to use it to direct traffic to my website. However, I have no idea of the problems that could come from this. Should I buy it? What are the consequences of using it to direct traffic and making $ from it?

 

[Dave Zan]

Buying the domain name or not is really up to you. Just make sure you're not
using it to potentially infringe a party's trademark rights.

If a party believes your current usage of the domain name is possibly riding on
their trademark rights (and commercially at that), they might seek any and all
means available to seize control and ownership of the domain name. There are
those who can be unreasonable but have the deep pockets to carry out their
threats.

Do your research, and weigh your risks. If you decide to buy the typo, then be
ready to defend your rights to it or even let it go depending on circumstances.

 

[typist]

Should I buy it?

This really depends on the risk you're willing to take. This guy in the UK just received a four year prison sentence for copyright and trademark violations:

Zhong Li, a 35 year old Chinese national, was sentenced to four years imprisonment at Southwark Crown Court.

1. Section 92 (2)(B) and (6) of the Trade Marks Act - 12 months
2. Section 107 (1) (C) of the copyright, designs and patents act 1988 - four years

According to the flag on your profile, you're located in Abu Dhabi. Although the Qur'an does not mention trademarks and other intellectual property rights explicitly, several scholars, notably here on this forum, have argued that violations of intellectual property rights is equal to theft. In accordance with the Qur'an and several hadith, theft may be punished by amputation of fingers, whole hands or feet, depending on the number of times it was committed and depending on the item of theft.

Should you happen to travel to China, you may face life in prison, if you redirect your newly acquired typo to your adult entertainment site: http://www.dnforum.com/showthread.php?t=192116 (admittedly more due to the adult content than the typo).

Finally, in the land of the free and the brave, there's the Truth in Domain Names Act, for violations of which John Zuccarini was sentenced to 2 1/2 years in prison.

It all depends on your personal preferences and attitudes towards risk. I do not doubt that typos can be highly profitable.

 

[denny007]

It is VERY dangerous. Typosuqatters earn big money, thats known fact.
But I think is better to be poor than to be rich but affraid every day FBI is going after you !

 

[Domagon]

...According to the flag on your profile, you're located in Abu Dhabi. Although the Qur'an does not mention trademarks and other intellectual property rights explicitly, several scholars, notably here on this forum, have argued that violations of intellectual property rights is equal to theft. In accordance with the Qur'an and several hadith, theft may be punished by amputation of fingers, whole hands or feet, depending on the number of times it was committed and depending on the item of theft...

I doubt the poster has to worry about amputation, since he appears to reside in the U.S.

DNF defaults the location to "Abu Dhabi" for users who don't explicitedly set their location; an annoying glitch.

Ron

 

[Imarketingaddict]

In all reality, is that the most likely thing that can happen is for the TM owner to get the domain from me? OR can I get sued?

 

[mjnels]

ethics aside...


if you are just now at the point of asking a question this serious, i suggest you learn a bit more about this stuff for a while longer before you go playing with fire...

 

[denny007]

i suggest you learn a bit more about this stuff for a while longer before you go playing with fire...

Its not just "playing with fire" it is playing with nitroglycerin !

 

[mistermouse63]

Its not just "playing with fire" it is playing with nitroglycerin !

:amen:

 

[Steen]

In all reality, is that the most likely thing that can happen is for the TM owner to get the domain from me? OR can I get sued?

Absolutely you can be sued. It has happened many times before, but it is more likely the TM owner will use the UDRP process to get the domain from you.

 

[typist]

If you're concerned about getting sued, and this is a legitimate concern for any kind of business these days, limit your liability by using a company. If you're terribly concerned, pick an offshore jurisdiction, but make sure that your country of residence, or the one where you have your assets, will respect your corporate structure. The threshold to engage in litigation can be higher if, such as e.g. in Nevis, your adversary must post a $25,000 deposit to bring the suit against a corporate body in Nevis. And if they're trying to take away any assets, the suit must prove beyond any reasonable doubt that assets were transferred in order to defraud the creditor.

 

[Mr. DeletedMr. Deleted is verified member.]

Risky business, but if done right, it can be profitable. Just make sure you are prepared with the right information before you buy such a name, and have all legal roads covered if you can.

 

[Duckinla]

It is VERY dangerous. Typosuqatters earn big money, thats known fact.
But I think is better to be poor than to be rich but affraid every day FBI is going after you !

LOL. C'mon Denny, there's room for 1 more in the typosquatter industry.

 

[Dave Zan]

It is VERY dangerous. Typosuqatters earn big money, thats known fact.
But I think is better to be poor than to be rich but affraid every day FBI is going after you !

Take it from denny, IMA. He should know.

 

[denny007]

LOL. C'mon Denny, there's room for 1 more in the typosquatter industry.

Almost everyone's doing that - we need to be scaring newbies not encourage them ! :evil: