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In this FAQ series, Jeff Gabriel, Co-Founder and CEO of Saw.com, answers viewers ’ frequently asked questions about the domain industry.
In today’s video, Gabriel answers the question “Can I buy an expired domain name, which is previously a brand name currently trademarked?”
This is a depends question. There are a lot of depends questions in this industry. Now I for the record am not a trademark attorney. There are plenty of great trademark attorneys that I would recommend in this industry.
I’ll tell you three: John Berryhill who has been in the industry for almost 20 years and is a very experiences lawyer, Zak Muscovitch who is the head of the ICA and wonderful lawyer, and Steve Lieberman a great lawyer who is also very knowledgable. All three of them could do a quick search and give you a very straight and honest answer as to what the best use for a domain name may or may not be when there are multiple trademarks on it.
I highly suggest that if you are serious about launching a business and investing quite a bit of money into the business, you probably need to go to someone like that to get their legal opinion.
If, for example, you were to buy Delta.com in an expiration auction or from a third party that used to have Delta airlines on it and you were going to use it for something completely different than what the other trademarks that are on the term “Delta” used it for, you probably won’t have any issues.
Another example, you have Delta.com which exists today. If you go to Delta.com you are going to see Delta Airlines. But there are two other massive companies that use the word “delta”; Delta Dental and Delta Faucets. All three of those use the Delta trademark, but for three totally different things. Let’s say you wanted to come out with Delta Shoes and you wanted to buy Delta.com. I am not a trademark attorney, but you should be okay to use it for that use.
Again, if you are going to be spending a lot of money on your company, make sure you spend some of it in the right places by getting a professional opinion.
Thanks for watching!
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