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  #1 (permalink)  
Old 27th February 2006, 10:49 PM
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Angry Oops - i just reg'd a trademark - advice pls

I just reg'd {removed} which although is a noun in english and in Japanese, it also appears to be a trademark.

it has a 78k OVT

what shall i do, keep it or delete it?

Last edited by alpha; 8th September 2006 at 07:44 AM..
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Old 27th February 2006, 11:08 PM
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Re: Oops - i just reg'd a trademark - advice pls

Quote:
Originally Posted by Alphamale
I just reg'd {removed} which although is a noun in english and in Japanese, it also appears to be a trademark.

it has a 78k OVT

what shall i do, keep it or delete it?
It's certainly a generic term in English, but it does seem that most first page SE results indicate that it's the name of an RPG.

I would delete it and move on.
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Last edited by alpha; 8th September 2006 at 07:44 AM..
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Old 27th February 2006, 11:13 PM
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Re: Oops - i just reg'd a trademark - advice pls

Quote:
Originally Posted by Alphamale
I just reg'd {removed} which although is a noun in english and in Japanese, it also appears to be a trademark.

it has a 78k OVT

what shall i do, keep it or delete it?
The worse that could happen is they send you a TM infringement letter to send the domain back to them. In this case if you don't respond they will go to UDRP stage....
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Last edited by alpha; 8th September 2006 at 07:44 AM..
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Old 28th February 2006, 12:19 AM
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Re: Oops - i just reg'd a trademark - advice pls

On ething I learned recently, is that if you receive a UDRP complaint, you can approach WIPO of NAF stating that you want to hand the name to the TM owner and have the complaint withdrawn. Once the complainant agrees, you notify the registrar. They contact the complainant for their reg details, change the registration to them, and then notify WIPO or NAF, who then cancel the proceedings. Not sure about NAF, but WIPO give $1000 back to the complainant, which is a good carrot for having them agree. :^)
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Old 28th February 2006, 07:04 AM
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Re: Oops - i just reg'd a trademark - advice pls

Quote:
Originally Posted by Jeff
The worse that could happen is they send you a TM infringement letter to send the domain back to them. In this case if you don't respond they will go to UDRP stage....

so... what you are actually saying is to actively go after TM'd names, as you might get free traffic, they might buy it of you without taking you to court...

... i've done a few years in the ascii domain world, and i can honestly say it is common to do this.

it may not be morally right - but seriously - is it worth the risk?

thoughts pls anyone?
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Old 28th February 2006, 07:10 AM
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Re: Oops - i just reg'd a trademark - advice pls

Quote:
Originally Posted by Alphamale
so... what you are actually saying is to actively go after TM'd names, as you might get free traffic, they might buy it of you without taking you to court...

... i've done a few years in the ascii domain world, and i can honestly say it is common to do this.

it may not be morally right - but seriously - is it worth the risk?

thoughts pls anyone?
No I didn't mean go after TM's... I meant you have nothing to lose as of now. The coast is clear... When the time comes they'll send a TM infringement email. Then you'll just delete the name........ and enjoy the traffic til you receive it.
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Old 28th February 2006, 07:10 AM
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Re: Oops - i just reg'd a trademark - advice pls

This works for latin domains with traffic/clicks, but chances that trickster.com will have enough clicks to support $8 a year in reg fee is very remote.

Last edited by touchring; 28th February 2006 at 07:14 AM..
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Old 28th February 2006, 07:11 AM
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Re: Oops - i just reg'd a trademark - advice pls

Actually, that ceertainly isn't the worst that can happen.

If they want, they can take you straight to court (in the USA anyway) under the Lanham Act which is far worse than a UDRP.

That's a minimum $10,000 fine if they decide you're a "cybersquatter", IIRC.
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Old 28th February 2006, 07:12 AM
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Re: Oops - i just reg'd a trademark - advice pls

Quote:
Originally Posted by touchring
This works for latin domains with traffic/clicks, but chances that your trickster.com will have enough clicks to support $8 a year in reg fee is 1%.
There also aren't any adwords for the term in google.jp
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