question Selling a Trademarked Domain?

[Musaaafir]

Hi all, I'm in a bit of a conundrum and I'd like some advice if possible. I managed to get a famous domain with over 10k trustpilot reviews.

The domain currently isn't being used by said company (and hasn't been for a few years) but it has their name in it. I contacted them to inform them of this but it's been months and they don't seem too concerned.

Legally, can I sell it?

 

[cooljub]

Can it mean anything else to anyone else?

 

[Musaaafir]

Can it mean anything else to anyone else?

It's effectively similar to nike-us.com but with a different name brand. I'm not sure if that answers your question

 

[Surya Giri Kurniawan]

It depends.

Booking.com and Hotels.com are trademarked. But Booking and Hotels are generic therms. So if you registered Booking.in or BookingHotelsInToronto.com, you are safe to sell it as long as you don't target Booking.com and Hotels.com to buy it with blackmail, like you tell them that you can sell it to their rivals if they don't buy it.

If you registered InstagramLogin.com, AppleWatch.com or GucciBags.com, or Instagram.in you are a squatter and can be easily fined for damaged if you use the domain wrongly.

You can ask your self, if you had bad faith or not in registering the domain. Honestly you can answer the question

 

[Musaaafir]

It depends.

Booking.com and Hotels.com are trademarked. But Booking and Hotels are generic therms. So if you registered Booking.in or BookingHotelsInToronto.com, you are safe to sell it as long as you don't target Booking.com and Hotels.com to buy it with blackmail you can sell it to their rivals.

If you registered InstagramLogin.com, AppleWatch.com or GucciBags.com, or Instagram.in you are a squatter and can be easily fined for damaged if you use the domain wrongly.

You can ask your self, if you had bad faith or not in registering the domain. Honestly you can answer the question

Let's say for whatever reason Booking.com's domain expired and someone purchased it. Is it considered squatting or negligence from their side?

That's the predicament I'm in; it's not that I've registered a site that sounds similar, it's that it was an official domain that was no longer used or renewed.

 

[Surya Giri Kurniawan]

Let's say for whatever reason Booking.com's domain expired and someone purchased it. Is it considered squatting or negligence from their side?

That's the predicament I'm in; it's not that I've registered a site that sounds similar, it's that it was an official domain that was no longer used or renewed.

There are some cases like this, and end up in court. But the chance to win the case is 50:50.. In this case, Booking.com is trademarked, so domain name Booking.com is the part of their legal security.

 

[cooljub]

Why did you buy it?
Who could you sell it to, if not the former registrant?
Could anybody else use the name legitimately?

 

[karmaco]

Hi all, I'm in a bit of a conundrum and I'd like some advice if possible. I managed to get a famous domain with over 10k trustpilot reviews.

The domain currently isn't being used by said company (and hasn't been for a few years) but it has their name in it. I contacted them to inform them of this but it's been months and they don't seem too concerned.

Legally, can I sell it?

You are fortunate they didn’t file a udrp. Never contact trademark owners.

Without knowing the name hard to say but if its a world famous brand its very doubtful anybody else has use for it.

 

[johnn]

Play with fire and you will get burn some days.
There are million names out there to buy, why take a chance?

 

[Peter45]

Let's say for whatever reason Booking.com's domain expired and someone purchased it. Is it considered squatting or negligence from their side?

That's the predicament I'm in; it's not that I've registered a site that sounds similar, it's that it was an official domain that was no longer used or renewed.

It doesn't matter whether they are negligent or not.
It doesn't matter whether you contacted them or not.
It doesn't matter that the domain wasn't used or renewed.
It doesn't matter whether you are selling or using otherwise that domain.

The point is, are you banking - or aiming to - on the goodwill of that company?
If yes, then it's squatting.

imo