Anyone have any experience with trademarked domains?

[Flushdraw]

Hey,

I have a domain (non-gaming) that is a trademarked product. Just looking for a bit of advice as to drop it, pass it on or whatever. Other extensions have developed sites on them, although I don't have any intention to develop. Anyway, hit me up if you think you can give a bit of advice.

Thanks
Rob

[Jeremy]

I do and have had many C&D letters in the past. I would say unload it if you can before you get the C&D. Normally you're fine until you start developing it or ranking for it.

Typically it is more of a pain than it's worth to fight a trademark on an undeveloped domain. You could also roll the dice and see if the TM owner would like to just buy it. But that will end in 1 of 2 ways......A C&D, or a quick score.

[pokeraussie]

I'm also interested about this, although not for the exact match trademark term. The plan is to develop the domain, however, I would in no way pretend to be the actual company. From their perspective they should see it as great free marketing, but will they view it the same way or should I just let go of the idea? I really want to put this idea into action, would be a shame not doing it in fear of nothing (if thats actually the case).

[MPC]

Paukeraussie - been there done that. It didn't work. I was outranking this particular company on pretty much every keyword, and sending them a lot of business. I wasn't bashing them at all, I was in fact promoting their products (and some substitutes along the way so I can make my cut). As soon as you start to get some results, you get noticed. Regardless of if this benefits them or not, they just don't like it when you're using their name. They want to be in control. It didn't take long for a C&D letter to come in. I tried to sell the site/domain. Actually, that was my plan to begin with when I created the site - to capture their attention so I could sell them the site. They didn't bite. So what do you do then? Fight back? It's just not worth it. The lawyer fees will kill you over time so and they know it. So it's not about being wrong or right, it's about the return on investement, which is typically not there when you need to get lawyers involved. That's the game. They know it. You could call their bluff and tell them to piss off. Maybe they'll go away, maybe they won't. I guess my conclusion is this: It's taking a risk for nothing. You'll need to spend a lot of energy at some point to keep your head above water, and you might just drown. There's better ways to spend your time and generate longer term profitability. Plus this particular tactic was in fact not legal. Live and learn.

[PLP91]

In my experience it really depends on the brand. I have had warnings from some, but I also have one site with a brand name in it for which I was contacted by someone from the marketing department. They offered to help me with the design and gave me an exclusive coupon code!

[parttimepoker]

Any major brand, especially US-based, will most likely send you a C+D.

The way that the law works in the US is that if you don't defend your trademark aggressively, your ability to defend it in the future is diminished.

The company isn't going to see it as great free marketing. They're going to see it as you piggybacking on whatever their marketing spend is and a threat to the integrity of their brand.

[CasinoMack]

There is more than just a C&D sometimes. They will take action with the arbitration board of ICANN and you can lose the domain. Without the C&D and without you getting anything at all. At that point you need to hire an attorney if you want to keep the domain.

No guarantees that they will win the case though. Going through it now actually.

So if they aren't interested in taking control of the name or the domain is not making enough money per year (a few bucks of adsense doesn't count), chuck it. You need to be making enough to defend the domain if need be.