Hello,

Let's imagine a situation:

- I'm John Doe;
- I register john.org;
- after some time I'm getting a letter from JOHN, INC. lawyers stating that 'john' is their trademark and that they have registered it 10 years ago, along with john.com;
- they're telling me that if I'll not release my domain to them they'll sue me.

Big question is: DO I HAVE ANY CHANCES???

Thanks for any comments.

P.S. Could milka.com serve as the precedent (not in my favour)?

Honestly, you should probably contact a lawyer if your really interested in keeping the domain. Since it is your name, you shouldn't have much of a problem keeping it, but it pays to be careful in times like these.

See www.nissan.com

Originally posted by localpub
Hello,

Let's imagine a situation:

- I'm John Doe;
- I register john.org;
- after some time I'm getting a letter from JOHN, INC. lawyers stating that 'john' is their trademark and that they have registered it 10 years ago, along with john.com;
- they're telling me that if I'll not release my domain to them they'll sue me.

Big question is: DO I HAVE ANY CHANCES???

Thanks for any comments.

Some comments from a non-attorney:

1. If your use of the domain is somehow similar or even remotely
related to what the trademark holder is known for, that can spell
trouble.

2. If you're actually referring to personal names, here are 2 UDRPs
to feast on:

sallie.com
http://arbiter.wipo.int/domains/decisions/html/2004/d2004-0648.html

hillaryclinton:
http://arb-forum.com/domains/decisions/414641.htm

3. Just remember that the complaining party must somehow prove
the domain name has somehow commercially exploited the mark.
Single-word personal names are kinda hard to prove such unless
they made a commercial reference to the mark in question.

4. If the complaining party has the time and money to burn, they
might take you all the way to court, especially if both of you are in
the same country. But like most if not all court cases, it takes time.

Originally posted by localpub
P.S. Could milka.com serve as the precedent (not in my favour)?

You're probably referring to milka.fr. And how one country-based
panel decides on a domain dispute isn't necessarily decided the
same by another.

So I guess we could add another condition here: how a dispute
panel feels towards trademark holders.

The bottom line is this: how you use the domain may spell the big
difference between keeping it and losing it.

http://www.esqwire.com/
http://www.johnberryhill.com/

Two well known domain lawyers. Talk to a lawyer about the name.

You should always use an attorney when dealing in a matter like that.
The corp will assuredly use a law firm.

So your best bet is to "lawyer up" also.


But that's my two cents:)


net-vestor

Thank you ALL about the comments. I REALLY appreciate all of them, especcially that this question was only curiousity.

Thanks again!

Some good domain lawyers are Stevan Lieberman from APLEGAL.com and Ari Goldberger from ESQWire.com