2 simple questions to ask yourself: Do you have a legitimate use (ie selling Nexus phones) Do you have authorization from the TM holder ?
Plus, google is used to chasing infringing domain names through lawyers/UDRP.
IMO don't do like the countless newbies on ebay..
That's pretty much what I was thinking. I've seen quite a few supposedly go for $500 or more on eBay, so it would be so tempting to register one for under $10 and make a $490 profit. As they say, if it looks too good to be true, it probably is.
In your opinion, do you think those who have already registered the TMed names and sold them on eBay may have some bad news coming to them in the future?..
Selling Domains on eBAy.
There is your main problem.
Prices quoted are B***sh*** for Names that often are either TM'ed or just plain BAD.
Why join the mob and register names that MAY get you in trouble.
Try to think of some names that are Resellable without hassles.
Sell them here at NP or Other similiar forums...
To answer another part of your question, if you were to sell a Tm domain and the new owner is prosecuted, you could be held accountable also for selling the name...
Please explain, in detail, exactly how you think that is going to happen?..
Obviously in the damages phase of the claim. One should remember that purchasing a domain name such as playstationconsole.com for the standard registration fee and selling it on for multiples of that price, without the consent of the Tm holder, is, in itself, an act of cybersquatting. The framework exists to hold the original registrant accountable...
TM domains are toxic. Serious developers won't purposely use them, so they sell for peanuts.
Those TM sales you see on eBay are idiots thinking they are buying the actual cellphone or an actual bottle of Viagra. They have no idea what a domain name is. The same thing happens to other items. I recall a rototiller domain listing that had a photo of a nice rototiller, and it sold for over $400. Looking at the buyer's bidding history, he was clearly not a domainer and liked to buy garden equipment on eBay. He is correct, but TM holders would seem to rather not deal with domain issues in civil court.
So it is highly unlikely that a TM holder would seek damages for an undeveloped domain sale even though they technically have a slam dunk case...
Trafficking in TM domains is a total Dbag thing to do...
That said, even in a civil case against the new domain owner, after they did something that actually did infringe on the TM... it would be a stretch to attach the original seller to damages, just as it would be a stretch to attach the Registrar from profiting from the original registration.
Yes, I'm sure the argument could be made but it isn't likely to get traction.
Best to leave TM domains alone anyway. The idiots on eBay are good for comical relief at best.....
It's not a matter of whether it would get traction. It most definitely would, if the argument were made. The registrar may not be liable for allowing the domain to be registered, because they can't be expected to monitor every registration for possible TM violations, however, the original registrant would definitely be held liable. If you register an obviously TM domain and then resell it for profit... You are extremely liable for damages from the TM holder. As others have said, this isn't a question in the least.
The question is rather how likely the TM holder would be to pursue the original registrant. As was also pointed out, companies typically prefer to go the UDRP route, but there have definitely been cases where civil suits were brought and pretty much every party possible was named as a defendant...
Show me one case where the original registrant has done nothing but SELL the TM domain to another and later get hit for damages by the TM holder. Not a case where the original registrant parked and directly infringed on the TM, one where he simply sold the name and the buyer then infringed.
Now, obviously if the seller ever parked the name and infringed himself, THEN he could be had. If that is not the case, the argument will not get traction for the same reason the Registrar is removed.
The damages start when the domain gets used in an infringing manner, not when it is first registered.
Show me a case, just one even where the original registrant did nothing but sell a registered domain and did not park it or monetize it any other way but from the sale... show me one case where that registrant has been liable for damages by the TM holder after that TM holder sues the buyer for infringement. Just one case...
Again, TM trafficking is a repugnant thing to do. I am in no way condoning that practice. I am, however, making a point......
The OP asked about possible implications. so are you saying that the law does not exist, or are you saying that it does exist, but is rarely, if ever, used ?