Traffic domain contains TM company name plus a word but it predates the registered TM

[Focus]

Hi, I have a somewhat complex question...I'm interested in buying a domain name that gets pretty decent traffic according to the seller. The domain is the same as that of a credit company plus another word on the end that is related to credit, although it could have been considered generic before their TM that exists now. The domain was registered several years before the company ever registered it's active TM, although it looks like they were online before then. My question is, can this name withstand a claim against it due to the reg date of at least a few years prior to their TM? Can it be monetized legally? Can the domain be used to make ppc money from them as an advertiser? I just want to get my ducks in a row before making any hasty purchases or owning a domain I cannot rightfully use...please let me know your factual based opinions if you are familiar with this matter, and thank you!

Chris

 

[Theo]

If you use it for services similar to that of the tm holder, the registration date makes little difference.

 

[denny007]

Check the TM database for "First time in commercial use" date

 

[dvdrip]

Also a change of ownership is like a new registration. (If the trademark owner finds out and files a udrp with that information)

 

[Focus]

how is it a "new registration" if all goodwill/rights of the name are purchased when it changes hands? The name was STILL reg'd before they ever had a TM, irrelevant of who owns it

 

[dvdrip]

I read have several cases that say that this is a new registration.
When I have time in a couple of days I will post them.

Here is one I found:
http://www.arb-forum.com/domains/decisions/697596.htm

In the Overview of WIPO Panel Views on Selected UDRP Questions it was noted that there is a consensus view among panelists that



· the transfer of a domain name to a third party amounts to a new registration; but



· a mere renewal of a domain name does not amount to registration for the purposes of determining bad faith; and



· furthermore, for the purposes of a determination in favor of a complainant under ¶ 4(a)(iii) of the Policy, registration in bad faith must occur at the time the current registrant took possession of the domain name.