What to do with domain names, that includes TMs?

Started by virtuatechnologies, Jul 20, 2022, 05:27 AM

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virtuatechnologiesTopic starter

Hello.
We bought some domains that incorporate trademarks for our project, but later decided to use our own name as the domain instead. The registered domains are currently unused and we're uncertain about what to do with them.

Our colleagues are worried about owning a domain that includes a trademark. I'm seeking advice on whether we should keep the domains and not worry or try to sell them. We've already attempted to sell them, but the sale was suspended until we clarify the legal aspect.
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rajan

Certainly, if you are an anxious person, there are other things to worry about besides domains. Even if your domains don't currently contain trademarks, it's possible for them to appear within a year. As demonstrated by many examples, having words like "factory," "auto," or "ark" in the domain can be cause for concern.

Registering your trademark as part of the domain name will alleviate some worries, but there is no guarantee that competitors won't also register similar words and potentially sue you.
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Beaker

If a trademark owner believes that a domain with a designation identical or confusingly similar to their trademark infringes upon their rights, they can seek protection through the courts. The court will carefully review the case, examining whether the domain is identical or confusingly similar to the trademark, whether the owner of the domain has any legitimate rights and interests, and whether the domain name is being used in bad faith.

To avoid any potential conflicts, it's recommended that individuals registering or acquiring domains check for any protected rights of third parties to trademarks beforehand.
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