domain investment

[donookdharree]

Recently i purchase a domain name,the domain match a company name in spain no trademark detected ,it's a quite big furniture company created back 15 years ago and they use .net ,the one i purchased is the .com ,its a 16 years old domain,i purchase it below $100.00.
was this a good investment?

 

[Nerevar]

Need to have many potential users to be a good investment. If the only obvious use is for a single company, it's a gamble.

 

[donookdharree]

really true,thanks

 

[gilescoley]

Stay away from from company names in this industry, its a dangerous tactic.

 

[donookdharree]

please can you advise, why?

 

[Lox]

please can you advise, why?

Have you ever boxed a WIPO Kangaroo? Simple, it will hit you back, and you won't like it.

 

[gilescoley]

please can you advise, why?

Check the legal section for advice on this. Most of the time you can have TM issues, but its also you reputation on the line too, its frowned upon in this industry

Good luck

 

[JoeE]

In a WIPO UDRP case, the registration date is very important. And one of the great things about having a domain name registered before a business comes into being is that they can NOT prove that you registered the domain name in bad faith to take advantage of the Trademark in question. BUT, you said you bought the domain name, meaning the original registrant may be safe if he kept the domain since his registration predates the business and it's trademark. But the important date in your case since you've bought the domain recently is the date the domain name became yours. which is much later than their trademark and they can prove a case of bad faith here, unless the domain name is generic and has multiple use potentials, but you still need to stay away from displaying anything related to the TM in question. Good luck!

 

[donookdharree]

In a WIPO UDRP case, the registration date is very important. And one of the great things about having a domain name registered before a business comes into being is that they can NOT prove that you registered the domain name in bad faith to take advantage of the Trademark in question. BUT, you said you bought the domain name, meaning the original registrant may be safe if he kept the domain since his registration predates the business and it's trademark. But the important date in your case since you've bought the domain recently is the date the domain name became yours. which is much later than their trademark and they can prove a case of bad faith here, unless the domain name is generic and has multiple use potentials, but you still need to stay away from displaying anything related to the TM in question. Good luck!

Thanks buddy.but the domain dont have any trademark

 

[donookdharree]

Thanks

 

[svede]

Thanks buddy.but the domain dont have any trademark

Technically, a UDRP can succeed on tradename without a trademark. A lot of people don't realize this and get themselves into trouble. The are a lot of variables around it, including local laws and how long they had the name, etc, but considering they've been using it for 15 years sounds like they may have solid claim for tradename. I personally wouldn't approach them since it could be an easy bad faith case if you do. I recommend chatting with a lawyer who knows the UDRP and international laws better.

Hope this helps

 

[JoeE]

Thanks buddy.but the domain dont have any trademark

I agree with @svede regarding common law trademark rights.

 

[svede]

One other comment - I recommend removing the name or obfuscating it somehow... This forum is indexed by Google and if they stumble upon this, its a slam dunk bad faith case since you admitted to buying it knowing it was the name of an existing company. In general, I don't recommend buying names for that reason. Too much trouble and easy to waste money.

 

[donookdharree]

Actually its does have trademark in their local country

 

[svede]

Actually its does have trademark in their local country

Then in order to not be hit by a UDRP, you need to be very careful. Don't use it for their industry and park in on a blank page (you currently have it showing furniture ads which is an easy way for them to win bad faith against you). If you put a for sale page on it, suggest its use in other industries.

Also, do not approach them as they will win an easy battle against you they know anything about domain related laws. If they approach you, that is not a sign of bad faith on your part - but make no mention of any awareness to their TM or right to the name (or even existence as a company prior to reaching out to you). Argue its merits as a brandable without emphasizing furniture, etc. They may try to get you to admit something that they then use in a UDRP. Be friendly, polite, but also smart about it.

Personally, I would get rid of such a domain since its main brandable use is sofas anyway and its could be a big pain with legal issues... but I've hung onto a few that I found had TMs in obscure countries after I bought them, too.... if you can think of another industry, they go for it and market it for that.

But again, a lawyer can help you much more (or the legal forum here at the very least).

 

[donookdharree]

Then in order to not be hit by a UDRP, you need to be very careful. Don't use it for their industry and park in on a blank page (you currently have it showing furniture ads which is an easy way for them to win bad faith against you). If you put a for sale page on it, suggest its use in other industries.

Also, do not approach them as they will win an easy battle against you they know anything about domain related laws. If they approach you, that is not a sign of bad faith on your part - but make no mention of any awareness to their TM or right to the name (or even existence as a company prior to reaching out to you). Argue its merits as a brandable without emphasizing furniture, etc. They may try to get you to admit something that they then use in a UDRP. Be friendly, polite, but also smart about it.

Personally, I would get rid of such a domain since its main brandable use is sofas anyway and its could be a big pain with legal issues... but I've hung onto a few that I found had TMs in obscure countries after I bought them, too.... if you can think of another industry, they go for it and market it for that.

But again, a lawyer can help you much more (or the legal forum here at the very least).

 

[donookdharree]

Thanks.the domain is still on my cart didnt make paiement yet.what do you think i must go for it or leave it?

 

[gilescoley]

@donookdharree

My advice is to stay away from it, especially if there is a TM on the name as you have stated

 

[donookdharree]

@donookdharree

My advice is to stay away from it, especially if there is a TM on the name as you have stated

Thanks man its really help me,i will not go forward with this domain as i have already CONTACT THE AUCTION SITE concerning the trademark