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Is it legal to sell domain name to company containing its name

Started by TVPinoy, Jan 05, 2023, 09:19 AM

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TVPinoyTopic starter

Hello!

I have a situation where a company has posted a link to my website on their Facebook group, which has 15 thousand subscribers. However, they have not registered the domain name themselves. I reached out to them a month ago, but didn't receive any response. So, I went ahead and registered the domain name in my name with the intention of selling it to them in the future if they decide to buy it. My question is, is this action legal and what price should I sell the domain for?

The company's name is one word, and the domain name includes a region number. Does this count as trademark infringement? Pursuing this through legal channels would be more challenging and expensive.

On another note, I'm curious if it's possible to motivate them to make a quick purchase by placing an inappropriate photo, such as an 18+ image, in the background. Is this a good idea?

Thanks for any advice you may have!
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Everett

I understand you're wondering if it's possible to sell a domain name that was not actually purchased. Unfortunately, since you don't own the domain, you won't be able to sell it. However, it is legal to resell the rights to lease a domain name that was paid for. This comes with the caveat that if there's a trademark on the domain name, it can be taken away in a legal battle.

When pricing a domain for resale, its value will depend on how much someone is willing to pay for it and how "sonorous" or catchy the domain name is. For instance, a 4-letter domain might not sound great, but it could still sell well. Meanwhile, a domain with an appealing combination of consonants and vowels could be more valuable. Ultimately, there is no upper limit to how much a domain can be priced for, and the price is only determined by what people are willing to pay for it.

I hope this information helps! Feel free to ask me any questions.
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pcoptimizer


If a company has a one-word name and its regional affiliation is reflected in the domain name, it may not be owned by the company LLC. However, in Russia, it's possible for someone to take away the domain from the true owner.

I advise against attempting to expedite this process as it could negatively impact the company's reputation and may be viewed as an attempt to harm the company.

It's always best to follow proper legal channels when addressing issues like this.

Do you have any other questions or concerns related to this topic?
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brandmedia

Specialists in trademark and brand protection have observed some changes in the motives behind cybersquatting. Previously, scammers would register domain names with popular names to extort companies and then sell the branded domains. However, nowadays, fraudulent and advertising sites are set up on these hijacked addresses, as well as aliases that redirect traffic to other sites.

Due to these circumstances, attempting to contact the fraudulent owner of a domain and making demands has a low chance of success. In today's legal landscape, a trademark bears more weight, and most cases are decided in favor of the trademark owner. Even if a trademark was registered after a domain name with the same name, the rights to the domain will belong to the trademark holder.

Do you have any thoughts or questions regarding this topic? Feel free to share them!
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Stussywonanny

Registering a domain name with the intention of selling it to a specific company in the future is known as cybersquatting, and it can potentially be seen as a violation of the Anticybersquatting Consumer Protection Act (ACPA) in the United States. However, whether your action is legal or not depends on several factors, including the specific circumstances, jurisdiction, and applicable laws.

In terms of trademark infringement, it's difficult to provide a definitive answer without knowing more details about the company's trademark rights and the specific domain name. If the domain name includes the company's trademark or a similar term that could cause confusion, it may be considered trademark infringement. It's advisable to consult with a legal professional who specializes in intellectual property law to assess the potential infringement.

As for the idea of placing an inappropriate image to motivate them to make a quick purchase, this could be viewed as unethical and potentially harmful. Engaging in such behavior can damage your reputation and may even lead to legal consequences. It's always better to pursue ethical and legal means to resolve any domain name disputes.

Regarding the pricing of a domain, there is no specific rule or formula that determines the exact value. The value of a domain name can vary greatly depending on factors such as its desirability, length, keyword relevance, and the demand for similar domain names in the market. It would be helpful to research recent sales of similar domain names to get an idea of their market value. You may also consider consulting with domain name brokers or experts who specialize in valuing and selling domain names.

However, I would like to reiterate that engaging in cybersquatting or attempting to manipulate a company into purchasing the domain by placing inappropriate content is not advisable. These actions can have serious legal consequences and harm your reputation. It's important to resolve any disputes in a fair and ethical manner through proper communication, negotiation, and potentially legal means if necessary.
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