trademarked domains

[GregP]

If your primary business is buying / selling domains ( example buydomains.com) is it ok to purchase domains that may have trademarks
on them?

 

[draqon]

you need to clarify your definition of "ok". Do you mean is it legal under federal law, is it acceptable under UDRP, or is it moral?

 

[GregP]

I mean is it acceptable under UDRP and or federal law

 

[NameWolf]

Well if you have the financial and legal means to fight for them, I dont' see what could be holding you...

NW

 

[draqon]

Registering domains that theoretically might have a trademark on them is one issue. Registering domains that you know are trademarked, for the intention of selling them to the holder of the trademark, is clearly a violation of UDRP. And, I'm sure, of federal intellectual property law.

 

[namedropper]

If your primary business is buying / selling domains ( example buydomains.com) is it ok to purchase domains that may have trademarks on them?

Depends upon how you mean.

"Clue" is a trademark for a boardgame, but you could legitimately buy and sell clue.com for uses other than for boardgames. If you tried to buy and sell ClueBoardgame.com or ParkerBrosClue.com, names which can only be used in an infringing way, then you would have very serious problems with federal law and UDRP actions. As well you should, because knowingly trying to profit off another's trademark is immoral and makes other name speculators look bad by association.

 

[GregP]

nobody said anything about registering domains that are known to be trademarked with the intention of selling them to holder of trademark.

 

[GregP]

"Clue" is a trademark for a boardgame, but you could legitimately buy and sell clue.com for uses other than for boardgames. If you tried to buy and sell ClueBoardgame.com or ParkerBrosClue.com, names which can only be used in an infringing way, then you would have very serious problems with federal law and UDRP actions. As well you should, because knowingly trying to profit off another's trademark is immoral and makes other name speculators look bad by association.
------------------------------------------------------
definately makes sense.

 

[Garry Anderson]

In answer to your question, "is it ok to purchase domains that may have trademarks on them?"

It is almost certain that any domain you pick will have trademarks on them - it will be 'confusingly similar'.

Quote from my site WIPrg.uk :

1 - virtually every word is (or can be) registered as a trademark many times over by different type of business in same or different country e.g. the word 'apple' is registered by tobacco and computer companies in the US.