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View Full Version : Backordering Troubles


remyx
04-20-2004, 10:39 PM
Hello, I recently backordered a domain name through Go Daddy. The problem is that the website I backordered is a company. However the name is generic. I checked the WHOIS, and it hasn't been updated in 2 1/2 years. The website still exists though. If I successfully backorder the domain, then can the company get it back from me?

honestman
04-21-2004, 12:09 AM
if it's a big firm be sure they will renew it and you will not get it
However , if the domain is not a trademark then shouldn't be any problem :)

kohashi
04-21-2004, 01:37 AM
if it is generic and you use it in the generic sense, there shouldn't be a problem. If you get jaguar.com and sell cars... they could take it from you. If you sold jaguars (the animal), they couldn't do anything about it because you cannot trademark a generic term for the generic purpose I believe.

Bashar
04-21-2004, 02:11 AM
yeah but imagen apple.com drops and u grap it and sell apples?

they can get it from you, it really depends if the domain was registered before or after that trademark was registered.

for example if you got apple.com before apple.com exists and start selling apples thats fine but not after :)

remyx
04-21-2004, 08:24 PM
thanks for the feedback... but what if I didn't sell anything? what if I sold the domain itself?

kohashi
04-21-2004, 08:28 PM
Bashar, I believe even now if I grabbed apple.com and sold apples they could do nothing about it. That is my understanding and UDRP can be strange sometimes.