Comments on: Registering A domain name even if the name is Trade Marked? http://www.domrev.com/domain-name-aftermarket/registering-a-domain-name-even-if-the-name-is-trade-marked Domain Names & Domaining Revenue Thu, 09 Feb 2012 06:44:25 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: nightowlmktg http://www.domrev.com/domain-name-aftermarket/registering-a-domain-name-even-if-the-name-is-trade-marked/comment-page-1#comment-5 nightowlmktg Wed, 13 Jan 2010 03:51:59 +0000 http://www.domrev.com/domain-name-aftermarket/registering-a-domain-name-even-if-the-name-is-trade-marked#comment-5 What you are referring to is Cybersquatting definition: from Wikipedia, the free encyclopedia Cybersquatting, according to the United States federal law known as the Anti-Cybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price. More info. here http://en.wikipedia.org/wiki/Cybersquatting In a court and I am not a lawyer but have dealt with this issue myself. And based on my research if Bob from Bob's Burger Shack took you to court you would lose the name. Bob has the trademark whether registered or not. Because Bob sells his product under the name Bob's Burger Shack and can prove that he has done so the trademark domain name will be given to him Perhaps you can try and think of a better way to make money from the situation I am just throwing something out here. But offer to design their website for them pointing out that they forgot to register the domain name. And that you have register it and will transfer the name over either way for the $amount you paid to register it. [ if they have you design their site that is or not ] Now you may not be a designer but you could outsource this to a freelancer from a site like http://www.rentacoder.com Then you can charge them a fee and you are really supplying them with something in addition to the domain name, a nice new website design You can start off by saying that you noticed they didn't register their name and that you thought you would snap it up before some 'cybersquatter' grabbed it. You could also mention that another reason is you are a big fan of their company and would not like to see them get taken advantage of And then tell them about your web design offer and have them give the details to transfer the domain to them for the same amount you purchased it for Register domain names at http://www.godaddy.com Who knows they might just flip you a reward if you word your email to them making it appear that you did them a big favor that could have otherwise cost them a ton of money if it fell into the wrong hands. You can use Paypal to receive the funds from the company http://www.Paypal.com -Scottie Logan Night Owl Marketing http://www.trafficconversionmadeeasy.com<br><b>References : </b><br>http://en.wikipedia.org/wiki/Cybersquatting http://www.rentacoder.com http://www.godaddy.com http://www.Paypal.com What you are referring to is Cybersquatting
definition: from Wikipedia, the free encyclopedia

Cybersquatting, according to the United States federal law known as the Anti-Cybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.

More info. here
http://en.wikipedia.org/wiki/Cybersquatting

In a court and I am not a lawyer but have dealt with this issue myself. And based on my research if Bob from Bob’s Burger Shack took you to court you would lose the name.

Bob has the trademark whether registered or not. Because Bob sells his product under the name Bob’s Burger Shack and can prove that he has done so the trademark domain name will be given to him

Perhaps you can try and think of a better way to make money from the situation

I am just throwing something out here.

But offer to design their website for them pointing out that they forgot to register the domain name. And that you have register it and will transfer the name over either way for the $amount you paid to register it. [ if they have you design their site that is or not ]

Now you may not be a designer but you could outsource this to a freelancer from a site like http://www.rentacoder.com

Then you can charge them a fee and you are really supplying them with something in addition to the domain name, a nice new website design

You can start off by saying that you noticed they didn’t register their name and that you thought you would snap it up before some ‘cybersquatter’ grabbed it.

You could also mention that another reason is you are a big fan of their company and would not like to see them get taken advantage of

And then tell them about your web design offer and have them give the details to transfer the domain to them for the same amount you purchased it for

Register domain names at http://www.godaddy.com

Who knows they might just flip you a reward if you word your email to them making it appear that you did them a big favor that could have otherwise cost them a ton of money if it fell into the wrong hands.

You can use Paypal to receive the funds from the company

http://www.Paypal.com

-Scottie Logan
Night Owl Marketing
http://www.trafficconversionmadeeasy.com
References :
http://en.wikipedia.org/wiki/Cybersquatting
http://www.rentacoder.com
http://www.godaddy.com
http://www.Paypal.com

]]> By: Steve C http://www.domrev.com/domain-name-aftermarket/registering-a-domain-name-even-if-the-name-is-trade-marked/comment-page-1#comment-4 Steve C Wed, 13 Jan 2010 03:38:59 +0000 http://www.domrev.com/domain-name-aftermarket/registering-a-domain-name-even-if-the-name-is-trade-marked#comment-4 This exact scenario was played out in the courts involving a man named Nissan. He started a web-site for his business and used Nissan.com as his domain name. He did this many years before the Japanese automaker "Datsun" changed its name to "Nissan". Nevertheless, the courts said that Mr Nissan could not use his own name as his domain name because Nissan Motors had built a public reputation that trumped his rights. It may be that the case is still pending appeal to the U.S. Supreme Court. So, for now anyway, the answer to your question is that you would be violating existing law and guilty of internet lurking or squatting, so some other ridiculous legal term.<br><b>References : </b><br> This exact scenario was played out in the courts involving a man named Nissan. He started a web-site for his business and used Nissan.com as his domain name. He did this many years before the Japanese automaker "Datsun" changed its name to "Nissan". Nevertheless, the courts said that Mr Nissan could not use his own name as his domain name because Nissan Motors had built a public reputation that trumped his rights. It may be that the case is still pending appeal to the U.S. Supreme Court. So, for now anyway, the answer to your question is that you would be violating existing law and guilty of internet lurking or squatting, so some other ridiculous legal term.
References :

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