TM domains should be avoided.
The domain name Trillian.com ended at $7,599 a few minutes ago at NameJet, after several bidders battled it out into extended time.
Trillian.com was registered in 1995 and gained notoriety and insane amounts of traffic in the very early 2000’s, due to the existence of a popular chat software by the same name, that never used that domain.
There were three bidders above the $5,000 mark which requires payments to be made in crispy cash or eletronic dollars – but not with a credit card. User “hxcai” placed the winning bid.
It seems, however, that there is a registered trademark for “Trillian”, as seen at the USPTO. This, might complicate things, as the term was registered for:
“Downloadable computer software for accessing, creating and transmission of instant messages, e-mail and voice over Internet protocol communications; downloadable computer software for accessing and using electronic social networks”
In other words, if the auction winner attempts to capitalize on the fame of the chat software or use the domain in a manner that’d infringe on the above, they might be getting a UDRP. That’s why it’s important to perform due diligence prior to bidding on domain names.
This post is 100% true!
Newbie domainers!!! but who cares….
Sometimes you have to let them face the music , let them learn the expensive $$$ way.
Assume the buyer used Trillian.com in different use, such as a fashion clothing label or trillionaire vip club members etc, does it infringe their trademark?
There is a trademark on nearly every word in the English language . Look at Acro. You better watch out :). Tons if trademarks and could be coming after Acro.net
Shane – You have no clue how trademarks work, apparently.
“Shane – You have no clue how trademarks work, apparently.”
ThAT WHAT I HAVE BEEN trying to tell ALL THE TIME.
D.ShAME— STICK your hanky pantie plants.
By the way, if you want to grow big plants, I can offer my expertise to you.
There shouldn’t be a trademark infringement if Trillian.com is used in Class 25 ie fashion clothing label, as it is different use/class from their trademark classification IC 009. US 021 023 026 036 038 “downloadable computer software…”
RAYY – That would hold water *if* “trillian” was an existing mark in two distinct classes. But it’s not, it’s single mark. Therefore, the tm holders would come onto whoever newly acquires and uses ‘trillian’ – regardless of allocation. The problem is, the domain is changing hands, unlike say, “SaveMe.com”. That’s my expert opinion.