Hello

in few days, i'm thinking about Trademark, i really confuse about Trademark since i not living in U.S and in my country not supported Madrid Protocol / WIPO, how we can protect our business in international market, especially U.S market.

it's just example:

We have domain for do hosting business, as you know "Domain is Heart in Hosting Industry" then someone registering Trademark with same as our domain name, so i think they have power to sued and destroy our business. especially ICANN is U.S Based and under U.S Law " i'm not really sure about this, if i have misunderstood about ICANN, please correct me. "

we need some advice, and thank you.

Disclosure

Trademark registrations do not apply retrospectively to domain name registrations, so you don't need to worry.

I.e. if someone registered a trademark of your domain name, this wouldn't affect you since you had the domain first. So in short, you don't have anything to worry about in this respect :)

Hence the Nissan.com case, etc :)

how about google VS youtubeislam.com?

i did not sure about them, but i think google acquired youtubeislam with this method "acquired forcible"

See:

http://blog.icann.org/2009/08/the-issue-of-youtubeislamcom-and-domain-disputes/

It seems that said domain was registered January 27th 2007, whereas the trademark You Tube (http://tess2.uspto.gov/bin/showfield?f=doc&state=4005:sdo6c7.2.3) was registered in 2006.

This, combined with the fact that YouTubeIslam.com apparently copied the YouTube site's look (along with the fact that YouTubeIslam didn't defend themselves - which they had a legal right to), meant that You Tube won the case.

To reiterate; as long as you own a domain before the trademark is registered, and use the domain in good faith (which you would be), you have no real reason to worry :)

See:


To reiterate; as long as you own a domain before the trademark is registered, and use the domain in good faith (which you would be), you have no real reason to worry :)

I agree... A friend had a name techaol.com or something similar many years ago, he was a local computer repair guy... aol came after him and forced him to shut down the site.

thank you for answer, so i do not need to worrying about this... thank you