Domain Manage

FlowCast.com Appraisal

Discussion in 'Domain Appraisals' started by flowcast1000, Jan 29, 2008.

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  1. flowcast1000

    flowcast1000 New Member

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    Looking for an appraisal for the domain FlowCast.com.

    Much appreciated!
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. flowcast1000

    flowcast1000 New Member

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    There is currently a trademark on Flowcast which was registered in the USPTO in 2003. Our domain was registered in 2005 outside of the US and ".com" is an international TLD. We are looking for an appraisal as we've had some serious bids come in lately for this domain.
     
  4. developdomains United Kingdom

    developdomains Well-Known Member

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    if its regged as a TM, then its worth nothing. sell it to your highest bidder and move on quick before they find out ur selling it :)
     
  5. flowcast1000

    flowcast1000 New Member

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    There are trademarks on the term "Flow" and for "Flow Cast" and one for "FlowCast" in the US. I can't see this going to court because several TM owners could argue they own the right to it. Either way it's registered outside of the US so the US Trademark doesn't apply.
     
  6. pugyrob United Kingdom

    pugyrob Well-Known Member

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    think you could do with reading up on domain law. You wont have a leg to stand on with this name and being regged abroad means nothing.

    rob
     
  7. jacal1

    jacal1 Active Member

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    For what reason did you register it?
     
  8. flowcast1000

    flowcast1000 New Member

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    Pugyrob,

    Perhaps you could help shed some light. As per my research anyone could use the the domain name in the same industry as the US trademark's as long as it's outside of the US.

    And the US Trademark holder wouldn't be able to take legal action against an non-US domain owner because their Trademark doesn't apply to that geographic market.

    If I'm completely wrong please advise!
     
  9. pugyrob United Kingdom

    pugyrob Well-Known Member

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    hi Flow,
    its been a while since i looked into this but ii think the bottom line is that what you say is correct f you can prove you registered the name in good faith as opposed to for its trademark revenue. I think this would be very hard to prove with a name like flowcast as its a pretty obvious TM imo.

    http://www.managingip.com/Article.a...Title=Trade mark enforcement for domain names

    Also, if you have had it on SEDO at all etc then it will be doubly hard for you.

    Cheers

    Rob
     
  10. jacal1

    jacal1 Active Member

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    I agree with Rob...it boils down to why you registered it.
     
  11. JamesRush

    JamesRush Member

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    True if the name have TM issues would not worth more than reg fee.
     
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