vwsales.com & vwcars.net.....

[orcasea]

(vwcars.net & vwsales.com)
I just wanted some input from "Experienced' domain brokers please!.... as to any Trademark issues that may or may not be a problem with these two domains.
I have been told that "vw" could mean "Vernswindow"sales.com or "Victorswool"sales.com. I think the same can be said (but am not sure) about vwcars.com IE couldnt it mean "verywonderfull"cars.com..or something similar!
(vwcars.net is Volkwagen UK's website!...YIKES!!)

So guys your help (or offers hehe) would be appreciated.
Steve.

 

[namedropper]

Considering that VW.net got yanked and given to Volkswagon for supposedly violating the trademark, these have no chance.
--
Dan Norder - Savanna.com, FineGold.com, etc.
High profile and niche domain names for sale

 

[orcasea]

Your exactly right about VW grabbing that name!
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The reason they did, is VW is a Trademarked, incorporated and a copyrighted name, as is Volkwagen! (Both are located on "every"
product they make)
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BUT names like vwparts, vwwheels, vwconvetibles, vwcoupes etc. ARE NOT Trademarked, incorporated OR copryrighted names. So...
ther is the question, does VW want EVERY domain with VW in it?
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There is another thread where the owner of digitalbarbie.com ( I think it was a .com anyway) was told that Mattel will sieze the domain from him for copyright/trademark infringements.
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In reality from what I have read, Mattel are only concerned with domains such as Barbie.com Or Barbie dolls.com. and have MUCH better things to do than grab/sieze/apprehend our otherwise take control and or ownership of domains such as his.
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I do however thank you for your input short as it was.

 

[pljones]

It is likely that a panel would find these names to be confusingly similar to VW's mark and transfer them to Volkswagen. These names probably aren't worth the amount you paid to register them, unless a VW dealer takes them off your hands.

 

[jberryhill]

"BUT names like vwparts, vwwheels, vwconvetibles, vwcoupes etc. ARE NOT Trademarked, incorporated OR copryrighted names. "

Oy... The idea that TM rights are limited to some particular character sequence is like some kind of virus here.

VW is a famous trademark for automobiles and related products. Appending words like "cars", "convertibles", etc. to the letters "VW" makes it MORE clear that their mark is being targeted, not less clear.

Now, there are perfectly legitimate uses for such domain names. As noted in a recent NAF decision, if you are selling used Harleys, then it is perfectly fine to use "usedharleys.com". And as noted in a recent court decision, if you are selling Ty Beanie Babies at bargain prices, then "bargainbeanies.com" is a perfectly fine domain name to use for that purpose.

But trying to pretend that "vwcars" is a reference to something other than Volkswagen's trademark is absurd.

 

[orcasea]

Thanks thats exactly what I was thinking too..I checked the ,org and misc other versions of the domains, and one is owned by a SanDiago VW dealership.
Another approch I was thinking of was to contact VW UK (they have vwsales.net) and see if they wanted the .com version also!
I agree with you and namedropper, that they MAY create interest at VW, but wouldnt they have already grabbed them? one of then has been registered for over 4 years.
I think I will procede with caution, as both of you seem to be on the same wavelength.

Thanks for taking the time to give me some desperatly needed input!

 

[orcasea]

Thanks jberryhill
DAMM al Lawyer, just the type of REAL info I (and others) need!
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So what your saying is, as long as I market the domains for auto sales, I am on firm ground? or did I read that wrong?

 

[Silverwire]

Originally posted by orcasea
Thanks jberryhill
DAMM al Lawyer, just the type of REAL info I (and others) need!
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So what your saying is, as long as I market the domains for auto sales, I am on firm ground? or did I read that wrong?

I believe you have to USE the domains for VW legitimate business interest, not just "market" them for such use. Hey, I agree it's stupid, but that's my understanding. (not a lawyer)

 

[pljones]

I know John cited to the recent UsedHarleys.com decision, but I'd be careful with these names. A lot of it depends on the panel that you get. There are other panelists who would have transferred those names to Harley-Davidson in a heartbeat. You might want to read today's PorscheFinance.com decision as well: http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0994.html

 

[orcasea]

Thanks pljones

Man this is great info, I appreciate it.
Thanks!

 

[jberryhill]

"A lot of it depends on the panel that you get. "

And what you are doing with the name.

In usedharleys.com and in mercedesshop.com, the registrants were using the domain name for descriptive purposes in trade connected with actual Harleys and Mercedes.

In porschefinance.com, "The conduct present here appears to be blatant cybersquatting: the very day the domain name was registered, it was offered for sale on "ebay.com" at a price of $50,000."

That's why so many of the questions of the dnforum type - "Hey, is name XXX going to be a problem?" - are not answerable absent some idea of how the domain name is being used.

 

[namedropper]

Originally posted by orcasea
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BUT names like vwparts, vwwheels, vwconvetibles, vwcoupes etc. ARE NOT Trademarked, incorporated OR copryrighted names.
- - - -

Bzzzzzt. Wrong! Thanks for playing.

Please read up on the basics of trademark and copyright laws before you make misinformed statements like that.

There is another thread where the owner of digitalbarbie.com ( I think it was a .com anyway) was told that Mattel will sieze the domain from him for copyright/trademark infringements.
- - - -
In reality from what I have read, Mattel are only concerned with domains such as Barbie.com Or Barbie dolls.com. and have MUCH better things to do than grab/sieze/apprehend our otherwise take control and or ownership of domains such as his.
- - - -

If that's what you think you read you need to do a lot more reading. They have tried to take any reference to Barbie that might be tied to them in any way.

I do however thank you for your input short as it was.

How about this for even shorter input: "TM violations, names are worthless. Sorry." That's all that needs to be said.

--
Dan Norder - Savanna.com, FineGold.com, etc.
High profile and niche domain names for sale

 

[orcasea]

Huummm...well I can tell you this much as far as the names uses are concerned. I wanted to sell them to VW dealers only! Neither name is currently used on a site. If you go to ither address, it just states the domain name, and the fact that it (and the other domain) are for sale. No I am not a VW sales person. nor do I have a dealership, ETC.. (Huumm again)
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Do you think I should remove these pages while I contact VW dealers? or what do you think would be the BEST way to proceede? IE: I was going to contact vwcars.net to see if they wanted the .com version, or I wondwer if I should just contact VW dealerships? or? (...huuuumm)
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The information I have read in this thread all makes sense to me, (now!) but it's still is unclear what I should do with these two domains. Do I try to sell them, donate them, or keep them in a very dark closet never to be spoken of or seen again?
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I relly appreciate your time, and input!
*Signed- A gratefull but confused potentially "X" domain speculator!
(JUST kiddin)

 

[orcasea]

Thanks namedropper
Interesting reply!
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But if your trying to be entertaining...IT didnt work!
Please bear in mind that real Money has been spent on these names, and although HELPFULL input is ALWAYS appreciated.
I am sorry if you took offence to the statement (you took the time to highlight)
"I do however thank you for your input short as it was"
- - - -
I was not makeing a personal attack on you, I simply meant that your information was interesting, but more of it would have been appreciated!
After all I am looking for HELP here NOT confrontation's!
Thanks.

 

[namedropper]

I don't care about entertaining you. Just thought I'd spell out the obvious cybersquatting TM violations. But then it's only helpful if you pay attention and learn from your mistakes.

I'm sorry, but I have little tolerance for people trying to profit off of the trademarks of others, since it was people like you who caused the backlash against all reputable name owners, including pointless "sunrise periods" where huge companies steal valuable new domains at bargain prices, countless examples of reverse hijacking, etc.

--
Dan Norder - Savanna.com, FineGold.com, etc.

 

[orcasea]

The fact that you don't care is VERY apparent. and speaks to your ignorance rather than you knowledge!
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You have made YOURSELF look ignorant with statements like:
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"Just thought I'd spell out the obvious cybersquatting TM violations" etc..
What is the name of this thread? hummm lets see... it's for people who DON'T have the answers to Tademark issues, and are seeking them!
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and (my personal favorite) "I have little tolerance for people trying to profit off of the trademarks of others, since it was people like you who caused the backlash against all reputable name owners, including pointless "sunrise periods" where huge companies steal valuable new domains at bargain prices, countless examples of reverse hijacking, etc."
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What an attitude!
I sugest you re-read the posts on this thread! I am trying to find out about the Trademak issues, not STEAL the food from peoples plates! (or anything else for that matter)
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You may reply to this if you wish, but I have a company to run, and wont be wasting any more time responding to this sort of posting.
PEACE.

 

[CoolHost.com]

I agree with "Namedropper" (with the dispute here in the thread) and "Jberryhill" with the following opinion that pretty much sums up the situation/dilemma ... "That's why so many of the questions of the dnforum type - "Hey, is name XXX going to be a problem?" - are not answerable absent some idea of how the domain name is being used."
"Orcasea" - at this point, why don't you take a moment to reflect on your (free) new found advice and ponder your next move? Being defensive and seemingly paranoid won't help. Breathe.
Take care.

 

[HOWARD]

After all the advice that you received in this thread, you are still thinking of selling the domains to car dealers. You obviously do not comprehend what John berryhill and others have told you on this thread. If you don't have a legitimate use for the domains, you are a cybersquatter.

 

[DomainPairs]

It's a pity that my www.speedylists.com site is down at the moment because I thought that I might be creating a legitimate use with this site, and that it was not in the usual dealership mould.

 

[AvGuy]

What about VwGolf.Net

Would that be pulled by VW ?

Thanks

Steve