Domains & TradeMark issue problem - GoFuckYourself.com

Superion · 05-09-2003, 03:25 AM

Hey.

I've registered few months ago a domain about this product, where i write review about the product.

the domain is

ProductName-Review.com

Now, the ProductName is a trade mark.

I was contacted by the trademark owner and he wants to have that domain.

What should i do ?

I'm writing only good things about this product on that website, and all of the surfers would understand from the domain that it's a review because it's ProductName-Review.com.

I also notice that there are sites called paypalsucks.com and etc... and seems that they are running and paypal can't do anyting about them, even that they got paypal trademark on the domain name.

KRL · 05-09-2003, 03:32 AM

Work out a deal.

Zorgman · 05-09-2003, 03:35 AM

From memery it will cost someone $1200 (?) to get that domain off you if they have a (tm) under that name. Make a deal for $1000 and spare him the time.

Superion · 05-09-2003, 03:54 AM

Quote:

Originally posted by Zorgman
From memery it will cost someone $1200 (?) to get that domain off you if they have a (tm) under that name. Make a deal for $1000 and spare him the time.

Thing is that i want to keep that domain....

The question if he could get it, because it's not tm.com

it's tm-review.com

i think it's legitimate, but i'm not sure what's the law says ;)

nevermind · 05-09-2003, 06:42 AM

Generally, the trademark holder is almost always favored in a domain dispute ...

Not much you can do actually ... if he decides he really wants it.

Wizzo · 05-09-2003, 06:48 AM

If you don't plan to make money of it, then it will be a tough fight for them, but if you plan on profiting off their name that's where it gets sticky...

besterman · 05-09-2003, 08:25 AM

you might want to look at the WIPO ruling for brucespringsteen.com - the domain holder argued his right to the name by virtue of using the name as any magazine might use the name in a review or editorial...and he won - sounds similar to what you have...

PCA · 05-09-2003, 09:36 AM

hi
sell ProductName-Review.com as Zorgman said for 1000$
and buy
Product-Name-Review.com

ProductName could be consider as TM but

Product-Name-Review.com
is only 3 words domain

btw http://www.productname.com/ is not working
and http://www.product-name.com/ is FREE

it means that in time he contact you they have not bought http://www.product-name.com/ which also should be own by them and it's NOT - i think that nothing will happen to you

check all word combination on

WHO IS with kewords search

here you will find more topics in matter you ask Domain Name Forum

nevermind · 05-09-2003, 09:41 AM

It doesn't matter if other domains are available under the trademark ...

Lots of people have registered domains under trademarks they didn't own and lost those domains ...

Both ICANN and the courts have ruled that the trademark holder almost always owns it ... not you ...

So, if he decides to litigate/arbitrate and prevails ...

You may not only incur attorneys fees yourself but have to pay his as well.

There's always a small chance that you might prevail, but the odds are against you ...

Why go through the hassle?

I didn't follow the Bruce Springsteen case ...

But Madonna got her domain back ... as have many others.

dchottie · 05-09-2003, 10:45 AM

I would ignore any correspondence from him directly unless it comes from a court of law somewhere. Don't apologize and don't offer to sell. I was in a similar situation and i'm ignoring them until I get something official from the court system. I'll decide at that point what to do. A lot of trademark owners will go after the domains and get them easily because of scare tactics. They don't actually have the money or intend to fight over it. They just want it handed over to them freely. Just don't do anything until you get a legal Cease & Desist from a court.

plentyofit · 05-09-2003, 12:04 PM

check this guy out, it looks like he doesn't gives too many away even when he doesn't win in arbitration.

http://strandanzug.de

Muffin · 05-09-2003, 12:50 PM

Hey There,

This is a really tough situation you are in. You should always check the way back machine and archieves to make sure that you avert problems like these. We know that these are very typical types of situations that is why we have put these tools and others into our program.

Good luck to you! If we may be of help to you in any way please drop me an e-mail at brandy @ SEGuru.net

05-09-2003, 03:25 AM	#1
Superion Registered User Join Date: Apr 2003 Posts: 84	Domains & TradeMark issue problem Hey. I've registered few months ago a domain about this product, where i write review about the product. the domain is ProductName-Review.com Now, the ProductName is a trade mark. I was contacted by the trademark owner and he wants to have that domain. What should i do ? I'm writing only good things about this product on that website, and all of the surfers would understand from the domain that it's a review because it's ProductName-Review.com. I also notice that there are sites called paypalsucks.com and etc... and seems that they are running and paypal can't do anyting about them, even that they got paypal trademark on the domain name.

05-09-2003, 03:32 AM	#2
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Work out a deal. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

05-09-2003, 03:35 AM	#3
Zorgman Confirmed User Join Date: Aug 2002 Location: Sydney, Australia Posts: 6,103	From memery it will cost someone $1200 (?) to get that domain off you if they have a (tm) under that name. Make a deal for $1000 and spare him the time. __________________ ---

05-09-2003, 06:48 AM	#6
Wizzo 2011 GFY Hall of Fame! Industry Role: Join Date: Nov 2000 Location: Back in Texas! Posts: 15,224	If you don't plan to make money of it, then it will be a tough fight for them, but if you plan on profiting off their name that's where it gets sticky... __________________ Looking for Opportunity!

05-09-2003, 09:36 AM	#8
PCA Registered User Join Date: Mar 2002 Posts: 32	hi sell ProductName-Review.com as Zorgman said for 1000$ and buy Product-Name-Review.com ProductName could be consider as TM but Product-Name-Review.com is only 3 words domain btw http://www.productname.com/ is not working and http://www.product-name.com/ is FREE it means that in time he contact you they have not bought http://www.product-name.com/ which also should be own by them and it's NOT - i think that nothing will happen to you check all word combination on WHO IS with kewords search here you will find more topics in matter you ask Domain Name Forum __________________ ####################### <a href="http://www.ineedhit.com">Don't pay 600$ for YAHOO listing<br> Grab your Yahoo listing with traffic</a> #######################

05-09-2003, 06:42 AM	#5
nevermind Confirmed User Join Date: Feb 2003 Posts: 276	Generally, the trademark holder is almost always favored in a domain dispute ... Not much you can do actually ... if he decides he really wants it.

05-09-2003, 08:25 AM	#7
besterman Confirmed User Join Date: Jan 2003 Posts: 623	you might want to look at the WIPO ruling for brucespringsteen.com - the domain holder argued his right to the name by virtue of using the name as any magazine might use the name in a review or editorial...and he won - sounds similar to what you have...

05-09-2003, 09:41 AM	#9
nevermind Confirmed User Join Date: Feb 2003 Posts: 276	It doesn't matter if other domains are available under the trademark ... Lots of people have registered domains under trademarks they didn't own and lost those domains ... Both ICANN and the courts have ruled that the trademark holder almost always owns it ... not you ... So, if he decides to litigate/arbitrate and prevails ... You may not only incur attorneys fees yourself but have to pay his as well. There's always a small chance that you might prevail, but the odds are against you ... Why go through the hassle? I didn't follow the Bruce Springsteen case ... But Madonna got her domain back ... as have many others. Last edited by nevermind; 05-09-2003 at 09:43 AM..

05-09-2003, 10:45 AM	#10
dchottie Confirmed User Join Date: Feb 2003 Posts: 894	I would ignore any correspondence from him directly unless it comes from a court of law somewhere. Don't apologize and don't offer to sell. I was in a similar situation and i'm ignoring them until I get something official from the court system. I'll decide at that point what to do. A lot of trademark owners will go after the domains and get them easily because of scare tactics. They don't actually have the money or intend to fight over it. They just want it handed over to them freely. Just don't do anything until you get a legal Cease & Desist from a court. __________________

05-09-2003, 12:04 PM	#11
plentyofit Registered User Join Date: Oct 2002 Posts: 32	check this guy out, it looks like he doesn't gives too many away even when he doesn't win in arbitration. http://strandanzug.de

05-09-2003, 12:50 PM	#12
Muffin Confirmed User Join Date: Apr 2003 Location: On The Intracostal! Posts: 568	Hey There, This is a really tough situation you are in. You should always check the way back machine and archieves to make sure that you avert problems like these. We know that these are very typical types of situations that is why we have put these tools and others into our program. Good luck to you! If we may be of help to you in any way please drop me an e-mail at brandy @ SEGuru.net __________________ Hi-Band Feed \| Low Band Feed