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.

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.

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.

It's a tricky situation, especially when trademarks are involved. The first thing to consider is the potential legal implications of owning those domains. If the trademarks belong to well-established brands, holding onto these domains could be seen as "bad faith" or "cybersquatting," which could land you in legal trouble, particularly if the trademark owners decide to take action against you.

Now, your colleauges are right to be concerned. Trademarks are legally protected, and owning a domain that incorporates one might be seen as an attempt to profit off of that trademark without proper rights. If the domains are related to popular brands, it's possible that the companies could file a complaint under the UDRP (Uniform Domain-Name Dispute-Resolution Policy), which could lead to you loosing the domain without compensation, or even worst, paying damages.

If you've already tried to sell them and the sale was suspended, that's a red flag. It suggests that potential buyers are also worried about the legal ramifications. In my opinion, the safest course of action would be to drop those domains. Even if no legal action is currently pending, it's better to avoid the risk altogether, especially if you're not planning to use them. Holding onto them could be more of a liability than an asset in the long run.

On the other hand, if you're attached to the idea of selling them, you should probably consult with an intellectual property lawyer first. They can help you understand the risks and possibly even negotiate with the trademark owners if there's a chance for a legal transfer. But in all honesty, I'd say it's not worth the hassle or potential legal headaches.

If you ask me, focus on your own brand and domain—building a strong, original online presence is much more valuable than holding onto potentially problematic domains.