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  1. #1
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    (Not registered) Good domain, contains TM: Worth anything?

    Hey all,
    I've been looking for domains to buy and possibly sell on, and I'm wondering if the following (sort of domain) would be worth anything? The domain is two words - it contains a trademark of a relatively large company, and then the next word is only a few letters long, and it describes what the company sells. (If that makes sense?)

    For example "fordcars.com" or "amazonbooks.com" (etc). Would such a domain be worth anything? I wasn't sure whether to post this here or the appraisal forum, so please move this if it's in the wrong place.

    Do you think this sort of domain would be worth much? How about if the second (i.e. the describing) word was an acronym/a shortened version of the word instead? (For example "pcs" instead of "computers"?)

    I have a few domains in mind, and would appreciate your input :-)
    Thanks,
    Tristan

  2. #2
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    You would risk having a trademark infringement suit on your hands.

  3. #3
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    No disrespect Tristan but, if someone did that too me on my domains I wouldn't be very happy - it's not nice

    If it's a deliberate domain to mimic - it's damn right out of order ...

    With all due respect I'm sure there's better things to do with your time but, then again if you didn't do it someone would have sooner or later maybe.

    Strange how people think
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  4. #4
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    Quote Originally Posted by A|J
    You would risk having a trademark infringement suit on your hands.
    Okay, thanks

    Quote Originally Posted by EncoderZ
    No disrespect Tristan but, if someone did that too me on my domains I wouldn't be very happy - it's not nice

    If it's a deliberate domain to mimic - it's damn right out of order ...

    With all due respect I'm sure there's better things to do with your time but, then again if you didn't do it someone would have sooner or later maybe.

    Strange how people think
    Fair enough.

    How about if it was a domain to actually sell ford cars (etc)? Would the use of the trademark in the domain name be justified then?

    I only asked a simple question, I'm wondering and am trying to learn, that's all...
    Tristan

  5. #5
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    I think it could tempt eg: Ford to lawsuit you or the owner that bought the domain.

    The thing is if your using a trademark (Ford) and you knowingly said it was and it's to sell Ford vehicles, I guess yes it would be against trademark if argued in law but, tbh I'm not an experienced in this field.

    I notice someone (other than Ford the comapny) has the domain ford .net so I could quite possibly be wrong.

    On a personal level I see no problem as Ford the company already have established domains / sites of the comapny name.
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  6. #6
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    Ah okay, thanks for the further reply :-)

    Yeah I see what you're saying, and I guess it would be better to stay away from such domain names in-case the company decides to kick up a fuss.
    Thanks,
    Tristan

  7. #7
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    Yup, thats the right decision. You don't want to bring yourself unnecessary trouble by doing such things.

    There was a thread here yesterday where we were talking about how ebay is threatning to take legal actions against who ever has a domain name with "bay" in them AND in extreme cases where there is a "e" before the "bay" for example securebay.tld or manicurebay.tld (<- See the ebays? LOL ).

    So...yea...stay away.
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  8. #8
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    Ah okay, fair enough! Thanks a lot for the help all
    Tristan

  9. #9
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    The problem is you could 'battle' your side if you had the money to waste but, I'm sure eg: Ford, Ebay ...etc have more than you or I to be able to playing this game.

    The Ebay 'carry-on' is pathetic IMHO if you do use a full trademark name and the site was similar to the company owner of the trademark name (eg: content, intended audience, graphics, design and colours ...etc) then yes they have a case but the word bay or even auctionbay is acceptable IMHO as words like that were out long before Ebay ...
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  10. #10
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    True, it is stupid.

    And I'm sure they know all of these domain owners are not stinkin rich so they threaten them with lawyers for silly reasons. How far ebay is willing to go, that we dont know.

    But what is the case if a multi billion dollar companies such as microsoft or dell have a service or domain which has the word bay or may be ebay in their domain name but none of the services even come close to ebay?

    I'm not so sure ebay will be willing to take a gamble on big shots because as you say, if all the reason ebay has is the fact that the domain contains bay, they will surely lose the case and on top of that might be liable to pay the million dollar and over attoney fees and damage fees, etc...
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  11. #11
    Here's probably another way to look at it.

    If you don't respect someone's rights, then they have no reason to respect yours.

  12. #12
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    That's true... although if I owned a trademark for something, as long as I had a busy website set-up then I wouldn't mind if someone registered a domain name with that trademark in it?

    Anywhoo, thanks for the replies all, they're appreciated
    Tristan

  13. #13
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    While registering a name with a TM is more dangerous, a lot of it is done and lots of money is made from it. All I am saying is it's risky and someone is sitting in jail for it. Make your own decisions, if you do decide to go down this route you better get yourself a good lawyer if served with UDRP.

    Reference (for man in jail): http://en.wikipedia.org/wiki/John_Zuccarini
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  14. #14
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    Quote Originally Posted by kohashi
    While registering a name with a TM is more dangerous, a lot of it is done and lots of money is made from it. All I am saying is it's risky and someone is sitting in jail for it. Make your own decisions, if you do decide to go down this route you better get yourself a good lawyer if served with UDRP.

    Reference (for man in jail): http://en.wikipedia.org/wiki/John_Zuccarini
    Wow, I did not know cybersquatting led to such measures.

    Though I never intend to do that, its commonsense that such practices are cretaily looked down upon.
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  15. #15
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    Quote Originally Posted by EncoderZ
    I notice someone (other than Ford the comapny) has the domain ford .net so I could quite possibly be wrong.
    Ford is a surname, so if a Mr Ford were to register ford.tld and use it for a family web site then there isn't a lot the Ford Company can do - Mr Ford has as much right to the name as they do. (That general principle didn't stop Nissan Motors from trying to grab nissan.com from Mr Nissan's computer shop, but that's another story!)

  16. #16
    Quote Originally Posted by Lubeca
    Ford is a surname, so if a Mr Ford were to register ford.tld and use it for a family web site then there isn't a lot the Ford Company can do
    Except if the site showed links for car products, which gave the Japanese carmaker
    a book to throw at Mr. Nissan.

  17. #17
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    IIRC mcdolands.com was reg'ed to someone called mcdolands and sold it for 500K back in 90s ?
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  18. #18
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    Nestle.com was bought from its owner by Nestle Group for 25 mil.
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  19. #19
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    Quote Originally Posted by Anantha
    Nestle.com was bought from its owner by Nestle Group for 25 mil.
    says who ?
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  20. #20
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    Quote Originally Posted by Anantha
    Nestle.com was bought from its owner by Nestle Group for 25 mil.
    I think you have in mind milka.fr, which was taken from it's then-current owner w/o any compensation. Milka was a name of her cat...
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