Proactively Selling, Trademarks & DRS

[Murray]

I have a couple of single word dictionary domains I've been sitting on.

I've thought about proactively trying to sell them by contacting end users but my worry has been that just by contacting them it may seem like they were "registered in bad faith" solely to sell to the trademark holder.

One of the words is trademarked by many different companies under an array of different classes

Is contacting end users putting yourself at risk?

ps. The domains have not been used or had anything on them since I got them.

 

[AssetDomains]

Its certainly a little risky especially if they can claim the word has become linked implicitly to them.

I'd have a re-read of this case

http://www.acorndomains.co.uk/nominet-general-information/119271-paramount_co_uk.html

look at some of the mistakes made and don't repeat any if your going to try.

 

[Edwin]

One idea... if the name applies to a very wide range of companies, you could turn the domain into a simple one page "directory" site, with links to the different companies that the name potentially relates to, divided by category.

For example, if there were 3 gardening firms you could have

GARDENING
Link 1
Link 2
Link 3

Make each link the full name of the company in question.

That way, it stresses 1) there are a lot of companies to which the name applies to and 2) it applies across widely different categories

Then wait for one of the "listees" to come to you...

 

[Murray]

Its certainly a little risky especially if they can claim the word has become linked implicitly to them.

I'd have a re-read of this case

http://www.acorndomains.co.uk/nominet-general-information/119271-paramount_co_uk.html

look at some of the mistakes made and don't repeat any if your going to try.

Yep that case was in the back of my mind when I asked the question, since them offering the domain seemed to prompt the DRS and the domain being taken

One idea... if the name applies to a very wide range of companies, you could turn the domain into a simple one page "directory" site, with links to the different companies that the name potentially relates to, divided by category.

A .com actually does this to a co.uk I have but they were targeting the previous owners.

I thought a good way of selling without contacting might be to try and rank the domain on google with just a "this domain is for sale" on it, then it would hopefully be noticed by someone who may wish to buy..

Will have to try and see how easy that will be to do in practice, I have some link resources though.

 

[AssetDomains]

Have a good read of the paramount and similar cases you can find I'm sure there are precedents which state that offering trademark holders a domain doesn't necessarily demonstrate bad faith in itself.

If your going to go down the route probably better to start with the name with multiple marks. At least then you have the fact that the are multiple companies using the term as the base of any defence if needed.

One other point to consider is they don't have to go down the DRS route they could take the case direct to the courts which could get costly to defend.