Can trademark pick up domain name?

Started by jane, Dec 03, 2022, 01:35 AM

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janeTopic starter

Suppose I have registered a domain name, let's call it, which is already trademarked with the name "domain".
If I provide unrelated services on my website, can they revoke my ownership of the domain?


In theory, it is possible for the trademark owner to take over the domain if they can demonstrate that it was registered in bad faith with the intention to sell it.
If the website has legitimate content and is functional, then it will be more challenging to prove bad faith. However, if the website only has minimal content, then it could be easier for the trademark owner.

Although larger and well-established trademarks may have an easier time acquiring a domain through negotiation or legal means, there is usually some price at which a domain owner would be willing to relinquish their ownership. It's important for both parties to consider their options carefully before pursuing legal action to avoid costly and time-consuming disputes.


Business owners are motivated to acquire desired domains quickly and cost-effectively, while top managers may prioritize securing a large project and budget. A relevant example is the case involving the domain

Despite receiving significant web traffic of several hundred thousand visitors per month, the Nissan corporation was forced to use the domain due to the original domain owner's anti-advertising. The owner was initially open to selling the domain to Nissan without issue, but a decision made by top manager Carlos Ghosn to pursue a lawsuit resulted in more significant costs.

It's not difficult to understand why Ghosn made this decision, especially given his prior arrest for financial fraud within the Nissan corporation. Appfollow, who was previously offered the domain for $2,000, ended up paying $1,500 in legal fees and still did not secure the domain. This illustrates the potential consequences of prioritizing large-scale projects and budgets over more cost-effective and efficient solutions.