For years, domainers have been, from their perspective, abused and persecuted by trademark law and holders of trademark rights. Even a one word descriptive domain such as “apple” can, as we all know, have trademark rights.
With all the talk of developing domains, it is time for domainers to start thinking about using trademark law to their advantage. Yes, domainers can have trademark rights too. We live in a world where intangible property continues to become more important and more valuable. Domainers need to not only consider removing parked pages from their most valuable domains but otherwise assessing their risk across their portfolio. Some parking companies do allow you to remove particular categories from the PPC ads being offered up. Domainers should understand what trademark rights may exist there on a domain by domain basis and exclude those category offerings from their PPC ads. For their most valuable domains, removing PPC ads altogether becomes the only reasonable approach. For those domainers willing to take the next step, development can actually create trademark rights in the domain. Those trademark rights can be transferred with the domain, adding value to the overall sale.
It no longer makes sense to continue to gripe about trademark law. Any shrewd businessperson finds a way to turn the law to their advantage. Domainers need to start going on offense when it comes to trademark issues.