Ok so I may have made a pretty big mistake this afternoon... I was reading about this game in development, and as I am currently working on a few different fan sites, I thought hey I should make a fan site for this game and give updates on its progress! So I decided to go look for a domain. You know how if you do a domain search and if its not available it gives you other options. Well I typed the game name itself in, and BAM the "gamename".com is available... without thinking I'm like sweet now I dont need to find a cheesy domain name close to it... so I bought it without thinking in like 2 minutes... then I realised, OMG trademarks... Its not like I can unregister the domain name, and I'd even be up for selling the domain to the game maker for what I paid (10CAD).
But I checked it out and the game name isn't a registered trademark, nor is it copyrighted... figure that out, its a working game so it may not be the official title but its what its known as for the moment. I should note that this is a high profile and well known game...
Now my question: although this is a domain name with the exact name of the game, would I still be able to use it as it is not trademarked or copyrighted, OR would the moment they decide to trademark it I would need to take it down? They announced the game before I bought the domain as I mentioned, however if they didnt register for any of these things would they still have the rights?
I should mention that for them to make a complaint to the ICANN these criteria must be met:
Paragraph 4(a) of the ICANN UDRP Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith.
As I plan to use it in GOOD faith for a fan site, and I do have interest, however I dont know if I have any rights to the domain (thus the question
) and my name is identical to a (not yet) registered trademark. (depending how you look at trademark law)
So would I be able to use my domain without risk of one random day getting "served" or fined for this? I just dont want to put alot of effort or money into this if I'll just have to take it down...
Thanks guys, and sorry for the long post