hello all,

I have two domain names, for example (not real one) :

onlinematch.com (just for example)
matchdating.com (just for example)

Now if match.com claims that i should transfer these domains to them.. should i?

even paypalsucks.com and other domains like this are running successfully without any problme.. Paypal couldnt do anything to them.

Tell me if i get any warning from any big compnay, what should i do?

regards

The example given is a bad one. match.com is notorious for sending out C&D's. And in most cases they don;t have a chance because there are hundreds if not thousands of dating sites with the term "match" in the name. Match is a very generic term which everyone associates with bringing two things with a similar likeness together so naturally the term match and dating walk hand and hand...

If however you had yahoodating.com I'd say have the name deleted from the registry and if they want it they can register it themselves.

Tell me if i get any warning from any big compnay, what should i do?
It really depends on how deep your pocket is.

perhaps if you could give the domains that you own which you are being threatened for havign we could help more?

If they sue you for trademark infringement then you'll need deep pockets. If they take you to WIPO for cybersquatting, I think you can argue your own case against their team of lawyers ;)

It is my understanding that WIPO doesn't award damages with their decisions. Is that correct? If the trademark owner wins the WIPO action, can they still sue for damages under trademark infringement? Anybody an expert here?

i owned:

directonlinedating.com
onlinedatingdirect.com

and the compnay who is claming , Directdating.com ..

I consulted to lawyer and other people and they say they can not do anything. This is simply absurd complain from their side. You can see example Paypalsucks.com and matchdating.com and if Paypal and Match.com can not get these domain, DirectDating can see these domains in their dreams.

I am very sure now..

Regards
Tabish

Alot of companies use this as a scare tactic to get free names.

Alot of companies use this as a scare tactic to get free names.

But they should know I am in India, and suing some one here is like suing ourselvs. Their grand childrens's children will keep seeing lawyers and court and even then they will not win.

Most UK and USA people think that these kind of threats works everywhere in world, like they used to sue you even if you are snoring and disturbing their sleep. You can not apply same rules internationally.

I'm no lawyer but I'd tell them to stick their C&D where the sun doesn't shine.

spoken like a true legal beaver :)

I agree somewhat with tabish about the jurstictional problems. It'd be hard for them taking him to court in India. They could take a WIPO action, and if tabish didn't respond, they might win and they could probably go to the domains us host to get any site taken down and to the domains us registrar to get the domain. They might even think to do that before taking WIPO actions if it's really their intent to take his domains without much expense. I have no idea whether he is actually infringing their trademark or not. I'm no lawyer. But it does sound unlikely.

spoken like a true legal beaver :)

I agree somewhat with tabish about the jurstictional problems. It'd be hard for them taking him to court in India. They could take a WIPO action, and if tabish didn't respond, they might win and they could probably go to the domains us host to get any site taken down and to the domains us registrar to get the domain. They might even think to do that before taking WIPO actions if it's really their intent to take his domains without much expense. I have no idea whether he is actually infringing their trademark or not. I'm no lawyer. But it does sound unlikely.

First they written to my server people and My server compnay is not a Tom, Dick and Herry Compnay. They forwarded that mail to me and told me to make direct contacts with them. My server compnay written me that they receive this kind of absurd complains from so many lawyers and they dont give **** to them.

And Lawyers have their own reasons, ofcourse they are taking millions of money just to give a Secure feeling to their client. Even they know themselvs that My domains are not Illigal and it is not violating any rules. I am using three words combination and it is completely different. Dating and Direct is commom language words and everybody has right to use it. I am not using Pepsi or Microsoft kind of words.

I asked so many domain consultants and they told me that my domains are perfct and they can not do anything to you. Yes, i would have broken the law if i took the domain name like Directdating.us or DirectDating.co.uk.

Do they have Trade Mark?
I have been through a similar case. If they have trade mark think twice. But by all means, I would make sure you open a company name in the same name with the extension .com in the end. this will secure you more. ;)
as long as the site is in simialr function of the domain name you should be in a good shape. if they do not have Trade Mark... and you have a company name with the same name as your domain, then you are in a better shape as you have ownership of the domain.

You can not apply same rules internationally.

That didn't stop a French court from deciding against google for TM
infringement (http://news.com.com/Google+loses+trademark+case+in+France/2100-1030_3-5564118.html). It's not about domain names, but it goes to show how
things have become more possible every single day.

It is my understanding that WIPO doesn't award damages with their decisions. Is that correct?

UDRP specifically, but yup.

If the trademark owner wins the WIPO action, can they still sue for damages under trademark infringement?

Yup, under any and all laws applicable.