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  1. #1
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    Does it have positive or negative value?
    Can they re-claim their domain later on?

    Regards,

    =xo=

  2. #2
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    It can have positive value for sure. I picked up the expiring domain of one of the biggest failed dot-coms in October 2001. With the traffic I sold products with Amazon.com. Before I had this domain I never knew about affiliate programs. For me registering this domain was one of the smartest moves I ever made.

    Last year a buyer contacted me who had the trademark rights. I therefore decided to sell this domain for a fair price. At that moment it only could harm to keep it (lawsuits, etc). I already started running more affiliate sites that made more money for me.

    So In my case it had positive value. But it really depends I think. I think there's always a risk people will go after you.

  3. #3
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    Can they go after you though? Since they have already bankrupt? Is the founder suing you?

    I'm not sure who has the trademark right after a company file for bankruptcy.

    Regards,

    =xo=

  4. #4
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    I don't know if they can reclaim the domain, but they maybe will try. In my case the domain was also trademarked, in which case they make a good chance I think. I don't know if in your case the domain is trademarked.

    It also depends on what you want to do with the domain. If you want to build an e-commerce site with it it's maybe best to contact the founders and try to make a deal. The buyer who bought my domain did this also.

    But I hope someone who has better knowledge of these issues will post in this thread

  5. #5
    ABW Adviser Panel Dynamoo's Avatar
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    Matlok has hit the nail on the head, it's the trademark that counts, but if the company has gone really titsup they may never notice (I've got a couple of trademarked domains picked up from failing businesses too).

    Now, if the name wasn't trademarked then you've got a much stronger case. If it's a generic name "get-rich-quick.com" then you're pretty safe. If it's a business name "get-rich-quick-inc.com" then they could go to a dispute process if they wanted it back, which is quite expensive (for them).

    For generic, non-trademarked domains though it's a case of when it's gone, it's gone.

    Don't forget also that the majority of domain names never get developed, or vanish quickly. When I've researched the past history of my domains I'm usually suprised to see how many had a former life.

    On the trademark side, I understand that this can be transferred like any other property and is counted as an asset. Trademarks can also lapse if they're not used.

    XO, is this a domain you have already? Or one that you're looking at acquiring?

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  6. #6
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    Dynamoo,

    Just bought the domain couple days ago. Where can I find whether the company's name is trademarked or not?

    Thanks all for your input.

    Regards,

    =xo=

  7. #7
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    Update,

    Just Search on the USPTO site and found Trademark not on the companyname.com but on company name. And it's already abandoned.

    Live/Dead Indicator: Dead
    Abandonment Date: Feb 2002

    Does this mean I'm ok?

    Thanks.

    Regards,

    =xo=

  8. #8
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    I think you're quite ok then (but I'm never 100% sure about this). I think what's also important is not to start a site which is almost a duplicate of the original site.

  9. #9
    ABW Adviser Panel Dynamoo's Avatar
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    The USPTO search isn't always conclusive because Trademarks can exist in different territories.

    However.. my best guess would be to say yes. Maybe take a good look at the site with the Wayback Machine and check Google Groups for a definitive answer on what happened to the firm.

    Incidentally, I'm bidding on a tm domain that never got completed because the company went bust.. so I think I might splash out and trademark it myself

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  10. #10
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    Dynamoo,

    Sometimes you don't have to bid for back-order domain. You can just email the registrar and see if they are willing to give it to you for the registration price.

    Regards,

    =xo=

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