Coding Jobs, Partnerships, Opportunities

**shustovd** · 07-30-2012, 09:56 AM

Please appraise my domain BreakingBad.net. It stands for popular TV movie and I want to earn some money selling it. Note that *.com was only available to movie producers and they didn't use it only as a redirection so I believe it is good domain to start even a small blog with. If anybody has ideas how to make money not selling it (but develop it as a project), I will be glad to establish partnership as I'm a

**chrishirst** · 07-30-2012, 04:06 PM

Don't bother, the name Breaking Bad is trademarked and you will be forced to relinquish ownership as soon you try and capitalise on the name commercially.

Sony protect their trademarks with the full force of everything at their disposal and you WILL lose!

**shustovd** · 07-31-2012, 04:14 AM

Hi, chrishirst. Thank you for the response. I believe that too. But owning a domain isn't something that violates copyrights, is it? And of course everything depends on the country you live in and own a hosting. BreakingBad is a US trademark, it has no power in the country I live. Just a note. For example, can I create a blog where I will put that movie free videos (such as interviews, documentaries) and put something like adwords so I don't use copyrighted material on my site and even more try to sell it (I can even not to use logos or other watermarks). So is this scenario possible?

**chrishirst** · 07-31-2012, 10:46 AM

Nothing to do copyright. It is a TRADEMARK and trademarks and domain name disputes are handled by ICANN and WIPO.
Registering a trademarked name without being the trademark holder is illegal if you intend to profit from that registration

http://www.chillingeffects.org/domain/faq.cgi

Quote:

In .com, .org and .net, which are "open" to any kind of registrant, the policy is first-come, first-served, as long as you have registered and used the domain name in good faith or have legitimate interests in the domain name. However, you have no right to violate trademark law, or ignore your Registration Agreement, or engage in cybersquatting just because you registered the name first.

Can you disprove that it is a "bad faith" registration or prove you have rights or legitimate interests for that name?

Quote:

That?s why the Policy requires the trademark owner (the complainant) to prove bad faith and why the Policy offers domain name holders the opportunity to demonstrate that they have rights or legitimate interests in the domain name.

ICANN have no regional limits as they run the domain name registries and approve the registrars, and WIPO is the WORLD Intelectual Property Organisation.

**PaulW** · 08-01-2012, 07:51 AM

Making money from holding domains to ransom stopped in the Nineties (thank you, Madonna).

**Physicsguy** · 08-01-2012, 09:15 AM

Quote:

Originally Posted by PaulW

Making money from holding domains to ransom stopped in the Nineties (thank you, Madonna).

Do go on...

**Obosh** · 08-01-2012, 11:11 AM

Quote:

Originally Posted by shustovd

Please appraise my domain BreakingBad.net. It stands for popular TV movie and I want to earn some money selling it. Note that *.com was only available to movie producers and they didn't use it only as a redirection so I believe it is good domain to start even a small blog with. If anybody has ideas how to make money not selling it (but develop it as a project), I will be glad to establish partnership as I'm a

i don't think you are gonna get anything from this domain name....nobody will buy the domain name from you unless the buyer is a dumb....or has no idea about trademark like you....

you will thousands of available domain name like yours (trademark)....thousands of available .com and .net domains with high search volume and keyword rich but those domain names are worthless for general people like us for trademark issues....

the only way you can scape trademark problem is - if your registration date is before the trademark application....even that could also get you into trouble if you sell/promote same products or services....even you can't promote/sell their competitors products or services....

and that's the law and you have accept it.....

**PaulW** · 08-02-2012, 08:48 AM

Quote:

Originally Posted by Physicsguy

Do go on...

Not that interesting, I'm afraid. After a few years wrangling over various domains/sites, the final judgement came: http://www.wipo.int/amc/en/domains/d...2000-0847.html That's 2000 but the excesses of five years earlier had long ceased as as far as domain name sales went.

**ValueCoder** · 10-08-2012, 09:22 AM

You could argue that the phrase "Breaking bad" is a common term in the southern half of the US and as long as the site never deals in the show/video/entertainment it could have a compelling case built as to why it doesn't break Sony's trademarks.

Of course it's costly and not worth the fight, as few people would want to buy knowing there's an established (tv show) brand out there.

**chrishirst** · 10-08-2012, 06:52 PM

Domain disputes have been started and won over less blatant "cyber-squatting" registrations of a trademarked hostname, and lets face it won't take a genius to find a few places where the TS has publicly posted

Quote:

It stands for popular TV movie and I want to earn some money selling it

in several places around the Internet.
That in itself is proof positive of a "bad faith" registration and has determined that the TS has lost before (s)he gets anywhere trying to make a case otherwise.