Delete it from your account..
Consider it a $7 lesson...
I agree with bob, take it at a $ lesson.....(i don't hope you paid $7 for an .info?).
The good thing in my opinion is that you realized(and admitted, not easy to do) that this is a TM thing.....kudos to that.
But you might have a better chance to get almost all of your money back, depends on your registrar....Moniker allows you to drop a domain in a 5 days period(for example you mispelled it), you just have to pay 0.25 cent.... and I heard Godaddy is doing the same thing, don't know what they charge....
Anyway, just an reminder , first check if your desired domain has a TM :-).
BTW, don't even think about approaching them....tat's a NO NO.....
1. You registered the name in good faith unaware of a TM and it's usage..
2. You then acknowledge a TM but understand you could use the domain for other purposes..
3. Then you realize you can profit by selling to TM owner?.
Someone from step 1-3 you broke their TM and now are in a bad legal position. At step 1 you could have done just about anything with the name. At step 2 you should stayed with the idea of using the domain for your own purposes. At step 3 you are in clear violation of FortuneCity's TM and have now become a cybersquatter which is punishable by up to $100k fine.
In case you need a step 4.
4. Find your moral compass..
Don't sell it here, and don't sell it to Fortune City. They have a trademark, they wouldn't have to pay you a penny for it, they can legally obtain it from you.
If you registered it from Godaddy or Moniker, delete the domain for a credit...
Well, I'm not a cybersquatter yet because I haven't actually offered to sell the name to fortunecity.com, and I won't now.
Now that I thought about it, I doubt Fortune City would be interested in my name considering fortunecity.org, .biz, .us, .co.uk, and more are all taken and owned by different people...
Dont delete the name! I have had the same issues in the past. You can do a couple different things:.
1. contact the TM holder through administrative contact and tell them you regged the name by mistake and are offering it to them simply for your cost..
2. check if they own all other exts. If they do not, you may be ok as long as the info you put on the site doesnt conflict with the TMs product..
3. Hold the name. Do not park it and hope someone offers to buy it. There are many people willing to take a chance.
Good luck with whatever you decide!.
P.S. I have sold 9 names this year to TM holders. Everyone for a profit! They are willing to pay because it costs $1200 up front to fight for the name...
Hmmm.... should I comment or not? or do we all know what this practice is called?..
Otherwide develop it..
This name is not bad..
My compass is pointing South? Is that a bad thing...
Lol - love that line...
You should be able to get the domain deleted and get your money back if you only did it yesterday.
Take a look into that, I know moniker let's you do that.
Being new to the domain world, I purchased several available names that I found out were TMs. I didnt intend to infringe on anyone. In any case I decided to hold them since they were already paid for. If you can cancel and get your money back that is great but if you are past that point, just hold it. At minimum you will get your money back.
And yes we know what the practice is called. Mistakes will happen as nobody is perfect. You do not have to lose your money though because of your mistakes.
It is good you learned and it seems you have learned. But... (hee hee), a person CAN pay for thier mistakes. And at minimum, you could not get your money back, they can get it with you not getting anything in return. Additionally, there could be penalties that can be levied against you if a TM holder really wants to push the issue (btw- the maximum fine is $100,000.00 per domain, plus attorney fess for both sides, punitive damages, all earnings on the domain, etc...). Though there is a difference in what could happen and what will happen, just know there is a possibility what could happen..
There are at least 2 members here in recent times where the TM holder would not settle and are pushing it through the courts and not UDRP. Then again, even after UDRP, a TM holder can take you to court for financial relief after they win UDRP...
Ok, assume they do go after you for having a name that is TMed. Cant you just drop the name? If you let the name go how can they take you to court?.
You steal a car.. then you return it, does that mean you no longer can be arrested for stealing the car?.
To save yourself time, money and headaches, use the search box in the legal section and type in "trademark", then read for a week. Then type in "tm" in the same serach box and read the threads you may have missed. Just about every senario and penalty has been covered here.
There is no "sorry, my bad" if the TM holder wants to make an example of you. You may want to read about the "Lanham Act" too, there you can get a frip on the penalties if ever taken to court...
Wow are you in need of a serious education on some BASIC priniciples of law..
[QUOTE=labrocca]wow are you in need of a serious education on some BASIC priniciples of law[/QUOTE.
I have never regged a TM name intentionally. Sometimes mistakes are made. Maybe I should have been a TM lawyer. All I am saying is he can most likely get his reg. fee back. He even said it wasnt in bad faith.
If I were to transfer the name to a registrar outside of the United States where there is no trademark, could I still get into trouble?..
If you're both in the US, yes. And if it's a domain name where it's Registry is.
Based in the US, the trademark holder still has means to possibly get it...
If TM holder drops the name, Is it still get into trouble ?
I respect and value DNQuest's advice, he is obviously extermely knowledgeable, and I have learned much from his posts.
However, as a newby I find there's a lot to understand, the law is often counter to common logic, not necessarily obvious. People do register domains without realising there may be TM issues. It seems to me that almost any sensible name may have TM issues if used wrongly. Looking through the URDP list many are obviously intentionally infinging, but there are a lot of names that I would have registered without even considering TM issues.
Anyway, in this sort of case if you reg a domain that contains a trademark you surely aren't necessarily in any trouble. It must depend on usage. A TM owner can ask for it, they may or may not get it, but if you haven't used the domain they can hardly claim damages. If you use the domain but in a different sphere than the TM owner, then again they can ask for the domain, and again may or may not get it, but if you haven't been doing anthing to harm the TM holder they surely can't claim damages.
Of course if you offer the domain for sale, particularly if you offer it to the TM holder, then you are opening yourself to problems.
In a previous analogy, if you drop a domain after using it for something you shouldn't, or making an offer to do so, then, like stealing a car, you still have a problem, but if you haven't done anything with it, of offered it for sale then it more like taking a test drive..
Usage is not the only determining factor. If you register any domain with "Google" or with "Microsoft" in it, those are both distinctive brand names, and under no circumstances would your usage not be infringing, even if you don't use the domain. Both are distinctive brand names.They don't need to claim damages. All that they need to show is that you are in violation of their trademark...
I got a C&D from Scholastic Inc. for this. There is such a thing as reverse domain hijacking. And they are one of the biggest perps of this crime.....check out chillingeffects. They do this to everyone who chooses a word they think they own. So, since I couldn't fight them, I got: scholasticfreedom.com&org, freescholastic.org and several others and by the way, there are many more scholastics.
Is it possible to own TM rights to that word? I don't think so. Help me fight this and waste a reg fee! Lets flood them. Fight back against this crap. Don't let them own generic words.
Google is a "fanciful" TM with ultimate protection. There are differences. Like Yahoo. Xerox is different and is in danger of falling into the category of Kleenex and Bandaids. Still, on shaky ground. Words like scholastic, fantastic, bombastic, elastic, phantasmorastic.....give me a break.
How to fight them? Like a swarm of bees.
You guys shouldn't be so ready to accept the mantle of "cybersquatters".
Just because you cant afford thier lawyers doesn't mean they're right...
They can and they do own the tm on "Scholastic" in about 100 categories of use. Take a look on uspto.govIf you buy a similar name and use it in bad faith, you'll face the consequences.
They're touchy about their tm since they struck gold by publishing the Harry Potter books ... Buying names just to annoy their lawyers is pretty foolish and could end up costing you far more than a reg. fee.
(to the original poster - sorry to respond to the hijack of your thread..)..
Sometimes UDRPs can defy logic. That is why I say a domaineer needs to protect themselves. In UDRPs, it is the job of the complainant to prove 3 criterea against a respondant. But, sometimes it seems the respondant is viewed "guilty" and needs to defend themselves. Yes, domaining does have a bad rep, but do your best to protect yourself and that will only help you in the long run.
And it reasoning like this that causes us to have a bad rep...
As far as Scholastic, are you suggesting you registered the domain over 85 years ago??? reverse hi-jacking is when someone (or a company) tries to get a domain which was in exsistance before a TM was established...
Kindly email to them that you want to transfer it to them for free. Give them a good excuse, it is cheap that you're losing just 7$. If you're unlucky, they can even start sue you, I know a case that the company start the dispute in court without any warning or C&D (not UDRP if they really upset). You may lost time and a big chuck of money.
Change your mind when you still have time...
That could be one example of Reverse Hijacking, but straight from the UDRP rules (See: Definitions): Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.
Not limited to issues of TM timing.
Ah, live and learn. Thanx Allan. I guess I got caught up in how it is used (as what I was refering to) to remember what it actually means. My apologies...