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Thread: please help re. use of trademarks in domain namess

  1. #1
    Join Date
    Feb 2006
    Posts
    2

    please help re. use of trademarks in domain namess

    ok....so i had the same idea many other people out there have already had.

    ....buying a domain name that contains a trademark in order to make profit. i've bought quite a few domains now but only read now about the legalities and ethics involved. i didn't see it as being unethical, i thought it was opportunistic at most, but personally i think if somebody has the foresight and intelligence to register a domain before a big company, then that's too bad for the big company. they shouldn't be such sore losers, and courts and journalists shouldn't wipe their asses.

    that all said....i definitely don't want to get sued or end up in prison. if that was a possibility i'd give up the domains right now!

    first though, if i keep the domains, what is the company who owns the trademark likely to do? would they first ask for the domain back? possibly even settle for money out of court? or would they go straight to court and want me sued for damages or lost earnings? if they came to me first i'd wave me white flag immediately. but i'm very worried about going ahead with my websites then being hit with a lawsuit.

    should i just go ahead with my ideas and see what happens? or is toooo risky? i'm a 22 year old computer amateur which i'm hoping excuses any naivity that i may be showing right now lol

    any advice would be very much appreciated!

  2. #2
    Join Date
    Feb 2006
    Posts
    2

    p.s.

    my thoughts would be that they could only sue for lost revenue and that i can't have caused a real loss revenue unless i either 1) steal their domain by force 2) defame the brand or trademark or 3) resist letting them adopt the domain, in which case the lost revenue would be from the moment they found out i was infringing on their domain (and thus could have setup their own website using the domain and started making money from it), to the time i am legally forced to give it up...

    i hope i explained that well enough, either way i'm no lawyer! it just seemed common sense to me, which doesn't necessarily mean it would in a court - as we all know lol

  3. #3
    Join Date
    Jun 2004
    Location
    England
    Posts
    2,972
    They can demand that you give up the domain and take you to court over it, if you refuse then you can be charged with violating a court order.
    Disclaimer. (1) Whilst I will help you sometimes, if I feel like it, and my advice in relation to your actual question will be of good quality: my posts are to be taken with a pinch of salt. I will be sarcastic, deploy irony and include obscure cultural references for my own amusement without warning.
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