TM Domains

[DutchBoyd]

I had a thread closed where I was trying to sell a TM domain name (sorry for not reading the rules close enough... saw so many celebrity names on here recently I didn't think it was a rule).

I'd like to suggest that you remove this rule. There are many legitimate uses for a TM'ed domain name... and there are a lot of trademarks out there which aren't worth the paper they are on. I recently tried selling Diva.tv, for example, to a guy who ended up having a trademark for the word "Diva"... along with about 90 other people. Courts have been clear that merely having a trademark does not automatically give someone rights to a domain name or exclusive world-wide use of the term. And someone may well have a clearly legitimate use for a domain name (e.g. a buddy of mine owns EthanAllen.info and set it up as a blog for his kid... who is legally named Ethan Allen, MicrosoftEmployees.com could probably be legitimately used by a MicrosoftEmployee.

If the thread clearly states that it is a trademarked name, I think sales threads of TMed domain names should be allowed. I know I for one would be happy to pick up some trademarked domain names / websites that probably wouldn't be allowed under the rules that I felt I had a legitimate interest in... and would be prepared to fight the good fight if it came to it.

 

[KaneCo]

I agree, as I think they have no rights to the domain name mark they trademark, if they do have the right only they should be allowed to buy it from the register. Since everyone has the right to register it then they can only sue us for content or using there mark, they cannot seize the domain at least in my opinion. In all cases I have challenged back and was ready to fight all cases of this against myself.

Since there is a argument for both sides I believe blocking all tm sales is a bad idea.

 

[Ilze]

I had a thread closed where I was trying to sell a TM domain name (sorry for not reading the rules close enough... saw so many celebrity names on here recently I didn't think it was a rule).

I'd like to suggest that you remove this rule. There are many legitimate uses for a TM'ed domain name... and there are a lot of trademarks out there which aren't worth the paper they are on. I recently tried selling Diva.tv, for example, to a guy who ended up having a trademark for the word "Diva"... along with about 90 other people. Courts have been clear that merely having a trademark does not automatically give someone rights to a domain name or exclusive world-wide use of the term. And someone may well have a clearly legitimate use for a domain name (e.g. a buddy of mine owns EthanAllen.info and set it up as a blog for his kid... who is legally named Ethan Allen, MicrosoftEmployees.com could probably be legitimately used by a MicrosoftEmployee.

If the thread clearly states that it is a trademarked name, I think sales threads of TMed domain names should be allowed. I know I for one would be happy to pick up some trademarked domain names / websites that probably wouldn't be allowed under the rules that I felt I had a legitimate interest in... and would be prepared to fight the good fight if it came to it.

I own Diva.ca and there is no way I have to no right to sell it. I have acquired common law tm rights by sheer usage via my seach engine use...aka ppc...and my tm lawyer is the first to point that out. Just as a court needs to be the judge of a tm infirngement, and often they are wrong...hence the appeals....the same should go for border line tm domains on this forum. Diva vs. Microsoft ...no comparison. If I read this thread correctly...I totally agree with your assesment!!