Selling a domain, contains company name. Can I do it?

[sundev]

Does anyone know what happens if you try to sell a domain that contains the name of an existing company? For example, say I own "microsoftonline.com". Can I sell that, or more importantly can Microsoft sue me for trying to sell it?

 

[JackMDS]

It yours you can sell it.

However who ever is going to buy it from you must be a "Jerk".

When he would start to use it publicly he probably would get sued.

You say Nah!

Look here: Nissan.com

:sun:

 

[bsobel]

Originally posted by: sundevb
Does anyone know what happens if you try to sell a domain that contains the name of an existing company? For example, say I own "microsoftonline.com". Can I sell that, or more importantly can Microsoft sue me for trying to sell it?

You can sell it, but the trademark owner can go to court/wipo to enforce their rights (if they indeed have any).

 

[vi edit]

I agree with Jack. You are free to sell it. If the buyer chooses to do anything with it, they would ultimately be the ones that we sought after legally.

I wouldn't suggest selling it on Ebay (can you even auction of domains there?) or any place that would generate any significant publicity though. If you make a big hooplah about it you'll draw a lot of undue attention and you might "get served" before you have a chance to unload it.

 

[sundev]

Ok, so you can sell it - you just can't put anything on the site?

So say I own "microsoftonline.com", and try to sell it to Microsoft - this is ok? That is, Microsoft can't pull any BS on me can they?

 

[vi edit]

Originally posted by: sundevb
Ok, so you can sell it - you just can't put anything on the site?

So say I own "microsoftonline.com", and try to sell it to Microsoft - this is ok? That is, Microsoft can't pull any BS on me can they?

If you bought it for the simple purpose of cybersquating, Microsoft's lawyers would take over and push the point that Microsoft is a trademarked name and you are treading on their trademark. They'd simply take it from you or put you through so much legal hastle that it would not be in your financial interest to TRY and sell it to them.

The "Nissan" site that Jack linked is unique in that it's actually the guy's last name. Nissan doesn't (or at least shouldn't IMHO) have any legal legs to stand on.

They can offer him all the money in the world, but they should have no law on their side allowing them to yank it from him. Again, that's my opinion.

But it sounds to me like you are simply cybersquating and you will lose.

 

[JackMDS]

A big entity can go to court and the judge might force you to sell the Domain at cost to the big entity (at cost means that if you bought it for $30 you would get $30).

Usually when people try to sell a special name domain to a big entity it depends on how much they ask for.

If are willing to sell for a reasonable price the big entity might pay in order to avoid the hassle of litigation, if you ask too much they will go to court.

I can not tell you what is too much; each case might have its own merit, there are lawyers who specializing in such issues.

:sun:

P.S. I use big entity since this applies not only to corporation names but to famous people's names, commercial products names, and other similar situations.