GoDaddy service : Good idea to buy GoDaddy?? Legal and TM'd names acquired in a portfolio

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We seem to have acquired about 20 names recently that now seem to be TM'd names.

What course of action should we take? Should we just let the names expire? Should we actively pursue "de-registration" if that is even possible?.

It looks like these names are also currently parked. We are assuming that the first thing to do is to remove the parking and the for-sale signs right?.

Any help would be appreciated since we haven't dealt with this kind of issue before and don't want to jeopardize our business because of a couple of possibly rotten names.

Another interesting aspect is that at least ONE of the names has received a high ranking from and is considered a "premium" domain.



Comments (5)

The action you take is solely dependant on your risk/reward factor. If you are just looking to purge yourself of the domains, then I would jsut let them expire, if you are contacted, give them up freely. You never know, someone may buy them off you and you at least get something out of it...

Comment #1

I agree with DNquest. Just don't park on anything that could even remotely be seen as bad faith, and wait it out.

You could also take the honest approach, and tell them you acquired it as part of a package and then realized the TM. Then just ask them for something reasonable to your cost, like maybe $50. They may just take it. If they don't buy, then just offer to let them have it or let it expire. At least with this approach you may get some or all of your cost back...

Comment #2

Thanks DNQuest, AdoptableDomains.

We are going to remove the parking right away.

Some folks did PM us to see if we wanted to transfer those names over. Lets see if that pans out. Otherwise you are right, we should probably just sit it out and take the hit for the reg and let it expire in a year or so.

Interestingly enough, some of the other TLDs (that we don't own) for the names that we acquired also seem to be parked, but we are guessing that there are domainers out there who's risk profile is not the same as ours. Our approach is that since we own a (growing) portfolio of a couple of hundred generic names, why let anything pose a risk to that..

Do you think we should take them off Sedo sales and not try to actively sell them at all or is that OK?.



Comment #3

There is no quick answer to that. If there is a chance of generic use, I would keep and optimize the page to NOT show a potentially infringing use. You'll have to look on a case by case basis of each name. the keyword in a TM dispute is "bad faith". If you in good faith tried to avoid confustion, it might help in a later defence if that ever came up. However, if the TM owner has a cut-and-dried case, why risk it? If you get just one WIPO/UDRP case found against you, I almost guarantee it will be used against you in any future disputes to try to brand you a "cybersquatter"...

Comment #4

Thanks a lot all.


1) Removed all names from Sedo listings..

2) Unparked all names.

We are going to sit this one out and not do anything about these domains and let them expire.

This legal stuff is scary since it seems that it's very easy to unintentionally step on someone's trademark or copyright even if you are just really interested in only non-TM'd names. From reading this section of the site some more it looks like most of the pros here check to see if something is TM'd BEFORE registering or buying but that people still run into problems from time to time and then it becomes a question of who has more money or power. Good thing that for legitimate generics we now have the case to help us in the future.



Comment #5

This question was taken from a support group/message board and re-posted here so others can learn from it.


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