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Trademarked Domain Names, what to do?
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Trademarked Domain Names, what to do?

Hey,

With Alpnames giving out free .science names I got myself a few of those as well.
With a few, I mean 374 of them.

When I ran out of Ideas, I used my scraper script to scrape top sites from Alexa, changed .com/net/org etc with a .science and bulk registered the rest.

Along with regular names, it seems I have registered a LOT of trademarked domains.
Such as visa, netflix, paypal, hotmail, newegg, comcast etc.
The list goes on.

Here you can see the list: https://paste.ee/r/a92mf

Now, barely a day has passed and I got my first email regarding a domain I registered.
Netflix was fast to send me an email with the title of:
"Cease & desist the use of NETFLIX.science"

My question is, what should I do?
Should I just say OK and drop the name? Or else?

It's not like I'm hosting anything with those domains, yet...

PS: I didn't open this thread to discuss the morality of registering bulk domains.

PS2: Send me a PM if you're interested in hosting something in one of those domains. If I have no plans for it, I can redirect them to you.

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Comments

  • 0xdragon0xdragon Member
    edited February 2015

    Have you learned your lesson about registering 2000 domains that you do not need? ;-)

    (please take this in jest, I mean no offense).

    Just drop the domain and all will be well :)

    Thanked by 2jar netomx
  • way you register this domains ?

  • Unless you ask a lawyer, advice you get will be no more relevant than a magic 8 ball will give you.

    Thanked by 1netomx
  • radryradry Member
    edited February 2015

    Ignore it. As long as you aren't using the domain you're fine. You can offer to sell it to them instead.

  • @radry said:
    Ignore it. As long as you aren't using the domain you're fine. You can offer to sell it to them instead.

    That'll lead to bigger issues down the road as I heard. 2000 domains... Busy day for you.

  • @Microlinux said:
    Unless you ask a lawyer, advice you get will be no more relevant than a magic 8 ball will give you.

    Ye faithful LowEndLawyers™, huh?

    Thanked by 2Microlinux netomx
  • geekalot said: Ye faithful LowEndLawyers™, huh?

    >

    Just looking for options.
    Most likely I'll drop them, if possible.
    But...

    We don't have such a law here. So I'm not familiar with such stuff.
    I'm just wondering if there's a way out.
    You know, I bet there're a lot of people here who had experienced it before.

    And just so you know. I did not register 2k. Just tried my chances out of that list.

  • They have legal rights since they own the name. As long as the domain registrar is in a country where these legal rights exist, which to my knowledge they all do, they have full rights to not allow you to own a domain with their name in it. If you refuse to either delete the domain, or give possession of the domain to them, they very well could take legal action against you, and I can guarantee you they would win.

    Thanked by 1netomx
  • TheLinuxBugTheLinuxBug Member
    edited February 2015

    One key thing I want to mention here, as long as the domains will not be used to point to said trademark owners server and the pages hosted there do not have any of their trademarks on them (or say anything negative about their company), you should be able to keep and use the domain with little issue. However, I will mention you need to place some type of site on the domains, or after a period of time they can actually use ICANN regulations to try and take the domain from you (without payment). It is best if you can show you are using the domain and not for infringing their trademark. They should have no reason to remove the domains from your possession if you can show you are using them for non-infringing purposes. Also, if you e-mail back the people sending you the requests and let them know you do not plan to host something relative to their business and intend to use the domain for another purpose, in most cases they should let you be.

    Now, if you try to host something with their trademark on the domains, be ready for a shit storm because they will use ICANN rules to try and remove the domain from your possession.

    my 2 cents.

    Cheers!

  • haha! pretty good catch you got @nomad - but i would be careful.. dont risk yourself for a silly domain name.

    like @radry suggested, you could offer to sell it to the right owners - just be reasonable with the price and i dont see any problem? but i have no experience with this either sorry.

    Thanked by 1evilghaleon
  • mikhomikho Member, Host Rep

    I say fight it, all the way to court.
    Please come back when case is closed and tell us how much money you lost during that court case.

    (Read it anyway you want, I ment no harm)

  • Fucking hell, seriously?

    Stick a fork in me LE*, I'm done.

  • Haha, no @mikho I won't be fighting legally.
    I got a reply to my email from them. Claiming registering a domain using another's registered trademark alone is actionable and that Netflix asks that I cease using the domain and transfer it to Netflix, Inc. and to contact them if I need assistance with the transfer process.

    @mark_r, most of the comments here on the internet seems to be like mikho's.
    I am not going that way.

    @TheLinuxBug, well... The registrar seems to be US based. I won't and can't fight on a case with no end.

    I'm not after some quick bucks thinking of selling this to them either.
    So...

    BTW, @nekki, Don't judge dude. To me registering one domain which you won't be renewing or registering more is the same.

  • 17brownj17brownj Member, Host Rep

    I was going to register a few of those but then a trademark thing popped up and I decided I didn't want to deal with it.

  • There is a mechanism for handling domain name disputes and it has nothing to do with any country's judicial system. Instead it's a system created by ICANN and it's called UDRP. Worst thing this panel can do is take the domain away from you. There is no jail time or anything like that.

  • BK_BK_ Member
    edited February 2015

    @Nomad, as long as you did not register the domains in bad faith, which you seemingly didn't, you're fine. My opinion is: don't point the domains anywhere, let them drop when the time comes.

    As trademark holders email you, advise them that the domain was not registered in bad faith and that you'll happily provide the information required for them to transfer the domain into their possession provided they can prove that they are in fact the trademark holder.

    And who knows... In the meantime some squatter may contact you to purchase some of 'em. (Be careful)

    All in all, it'll probably be a fun experience. No, I'm not being sarcastic.

  • @Nomad said:

    BTW, nekki, Don't judge dude. To me registering one domain which you won't be renewing or registering more is the same.

    Whatever, it's your life to waste, if you want to waste it registering stupid domains, fill your boots.

  • Idiot..

    You took advantage of the free .science domains and registered trademarked names..

    Thanked by 2Makenai hostnoob
  • @ATHK said:
    Idiot..

    You took advantage of the free .science domains and registered trademarked names..

    So...?

  • TrafficTraffic Member
    edited February 2015

    @BK_ said:
    And who knows... In the meantime some squatter may contact you to purchase some of 'em. (Be careful)

    CAREFUL with this. I'm serious. DO NOT SELL THEM OR REPLY TO ANY SALES EMAIL

    This will be used as proof of bad faith / trying to make money off their trademark.
    They will actively try to buy them from you - but they won't. They only need a reply from you which doesn't blatantly deny that you're selling, to get them for free.

    What to do next? Transfer ownership to the legitimate owners.

  • @Joery said:
    So...?

    Serious?

  • Traffic said: CAREFUL with this.

    Exactly why I put the disclaimer :)

  • geekalotgeekalot Member
    edited February 2015

    @Nekki said:
    F*cking hell, seriously?

    Stick a fork in me LE*, I'm done.

    @Nekki said:
    Whatever, it's your life to waste, if you want to waste it registering stupid domains, fill your boots.

    Nekki, You should have your own show; when you are on, you are ON, lol

    Edit: LowEndComedy™?

  • @Nekki, thanks for being the only cranky commenter. I really needed one.

    @Abdussamad, I'm not subject to US laws or anything. So I am not scared of anything. I know most likely they can snatch it if need be but no need to take the game till there.

    @ATHK, Sure, I did take advantage. Like they wanted us to.

    @BK_, @Traffic, Thanks for the heads up. I'll keep that in mind. But most likely I will get rid of any trademarked domain before that happens.

    They don't worth it. Especially for a .science tld.

    Actually, I already emailed them that if they want it, they can get it and I'm not after netflix brand either.
    So now I'm waiting for them to claim the domain.

  • You can make visa.science lead to a porn website. That would work well.

  • I'd say don't reply them and don't use the domains.

    If for some reason you really want to be trouble free, just give them the domain. But in any case even if you ignore them, there's nothing they can do to you legally (because you didn't use it for malicious intent). However like what everyone said, they can actually take those domain from you without your consent if they go through ICANN.

  • BK_BK_ Member
    edited February 2015

    makanenzo10 said: You can make visa.science lead to a porn website. That would work well.

    For the record, "visa" is an english word ("an endorsement on a passport indicating that the holder is allowed to enter, leave, or stay for a specified period of time in a country"). So, as long as it doesn't claim it is affiliated with the payment card processor, you definitely could do this.

  • @Nomad

    Just send all of them a email stating "I bought this domain so no one with evil intentions can use them blah blah I will transfer them to you blah blah" and maybe. just maybe one will say "thanks here is $20 for your honesty" - I never done this and it is a bit doubtful anyone will give ya money but do something like that

  • Nick_ANick_A Member, Top Host, Host Rep

    It's not exactly a cheap process to file a trademark. I doubt they want to enforce their trademark by paying you for a domain if they can simply prevent you from using it or take it for free.

  • aglodekaglodek Member
    edited February 2015

    Had 3 UDRP cases in my younger, foolish days. Won 2 of them. Lost third one because I did not offer a response - this was globalsources.biz, which I didn't care for and was busy with something else. Actually, this domain would have been the easiest one to defend (practically a generic name!). UDRP short version: even a trademark does not automatically confer a matching domain name on the trademark holder. The current registrant must show bad faith. Registering the domain and even hosting a website is not bad faith in itself. Depends on the content thereof. If no content, then be ready to defend your intention for registering the domain. Offering to sell the domain constitutes bad faith. UDRP prescribes ADR (Alternative Dispute Resolution), so no obligation to hire a lawyer to represent you in proceedings. A bit of a hassle, but winning the case really boosts the value of the domain ;)

    One other important point: whilst most trademark holders prefer UDRP instead of litigation, because it applies globally and resulting arbitration court's rulings are easily (practically automatically) enforceable as opposed to local court rulings, American trademark holders are in an advantageous position here (as the most popular domain registries, like VeriSign, are US-based). Hence bigger US companies may elect to forego UDRP proceedings in favor of litigation in the US.

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