closed xmradios.net | xmradiohd.com

[Stian]

Hey professionals! I would like to get some comments/views/appraisals on the following domains:

- xmradios.net (ALL .TLD taken! Including .org, .com, .co.uk, .biz, .info and .name)
- xmradiohd.com
- xmhd.net

"Satellite-radio service provider XM Radio is set to launch a high-definition (HD) version of its service called XM Radio HD Surround. This new offering will provide 5.1 channels of surround sound, and will be accompanied by special channels that output only in surround sound. Naturally, you'll need new XM-compatible hardware to receive the XM Radio HD Surround content, but a variety of hardware makers will show up with new gear."

XM radios are also getting more and more popular. Any thoughts on these 2 domains value-wize? Thanks!

 

[radioz]

Unfortunately, XM owns the XM trademark with regard to everything radio, I am sure. That would be my overriding concern. Hard to know the value with that over it.

 

[Stian]

Fasttracker ][ (an old tracker/music production software for PC) uses it's own .XM module format to save songs. Any TM issues could be solved by saying "This is the website I put up for my webradio, which specializes in .XM/tracker music!"

http://en.wikipedia.org/wiki/Fasttracker

 

[Christopher2k7]

still can get you in problems

 

[Stian]

Hmm.. So the best thing to do is to just surrender the domain at once if I get any TM issues?

 

[radioz]

The lawyer, after accusing you of being the worst of all scum of the Earth (or universe AND damned to rot in Hell too!), will probably give you $100 each or maybe a bit more rather than take it to court if you claim that as your expenses. On the other hand, they may just go straight to the WIPO court. The worst that can (likely) happen is that they will forcably award the domains to XM and summarily take them from you. They may not care, on the other hand but I sure wouldn't buy the name to use personally.

Early on, I made the mistake of registering a TM name. I didn't fight it (they were likely right) and got $117 for expenses. Another time I had a lawyer go staight to to WIPO, paying $4,000 to do it, over a generic, one word, name that, indeed they did own the rights to for a particular catagory. I fought that one by myself on general principle claiming that their company was far less than universally known to all and that there were many uses for the name with regard to product catagories other than theirs. It cost me about $150 and a lot of time and I did win. I would have sold them the name for $400, if they had only asked! The companies name was 'Ambience'. My name is 'Ambience.biz'. On the other hand, if I had owned the name, 'AmbienceLighting.com', I would have lost. Indeed, the owner of that name DID loose it to that lawyer loving company as he probably should have (I do hate myself for saying that!).

 

[Stian]

Haha .. Lawyers.. Thanks for the tip man! It's crazy that someone can TM a generic word like 'ambience', crazy. Thanks again!