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  1. #1
    Join Date
    Aug 2009
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    30

    Will this get me in trouble?

    Hey every one,

    I came across a domain name (non-premium) of a very prominent company, but for .net and .org.

    I was really surprised to see that this was available. It is spelled exactly like their .com address.


    This company, by the way, is a multi-million dollar company.


    If I register, but don't host, this domain...will I break any trademark or copyright laws?

    Also, do you feel a domain name like this is valuable? And how?


    Thanks,
    Zain Dhanani
    Buy Hoster Buddy Buy HosterBuddy.com for $149.99. Includes premium domain name, ready-to-go website, logo and 12 months of hosting.

  2. #2
    Join Date
    May 2006
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    3,684
    You may break trademark laws; companies like microsoft sue your ass off already if you only have the word Windows in your domain name already and put some kind of computer site on it, even if its just informational. I would be extremely careful, but remember international trademarks may not be filed in your country which may open up a loophole.

    If you want a real advise, consult a lawyer.

  3. #3
    Join Date
    Dec 2008
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    Quote Originally Posted by 040Hosting View Post
    You may break trademark laws; companies like microsoft sue your ass off already if you only have the word Windows in your domain name already and put some kind of computer site on it, even if its just informational. I would be extremely careful, but remember international trademarks may not be filed in your country which may open up a loophole.

    If you want a real advise, consult a lawyer.
    While 040 is right, there is also a stretch of open air here.

    Check to see if the company has a trademark, otherwise they cannot do anything to your domain name, so you can go ahead and register it.

    Although yes, consult a domain services attorney, they can provide you the best help. Do a search on Google and see if you can get a free consultation.
    Not sure what to put here :-P

  4. #4
    I think if they dont have the domain register'd its all fair game maybe they should have used that multi million to reg the domains

  5. #5
    Join Date
    May 2006
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    EU & USA
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    This might be an interesting resource to start out your journey: http://www.wipo.int/amc/en/center/faq/domains.html

    This one got some nice information as wel: http://www.chillingeffects.org/domain/faq.cgi
    Last edited by 040Hosting; 08-29-2009 at 03:09 AM.
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  6. #6
    Join Date
    Apr 2003
    Location
    Winnipeg
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    198
    A trademark is NOT required is the name is considered "famous". For example in the UK, if you use the word Orange to describe your business you could lose a dispute, or use a name like Pepsi or Coke and you'll lose even if they didn't have trademarks.

    Domain disputes are not only about trademarks, people need to stop thinking that they are. Even trademark applications and "first usage" count.
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  7. #7
    Join Date
    Jul 2005
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    445
    Look at the Passing Off laws as that is what you will primarily be dealing with.

    From your own marketing perspective, let alone financial, there is no logical benefit from 'passing off' anyway and cybersquatting benefits won't apply. There is no value. The owner of the brand will simply thank you for saving them the money in buying a useless domain name and threaten to sue you if you try and use it. Result=lose!

  8. #8
    Join Date
    Dec 2006
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    If your not in the US, EU, AU or UK (basically Asia, South America and Africa). Go ahead and register

    The same applies to your registrar.

  9. #9
    Quote Originally Posted by RedRat-Chris View Post
    Look at the Passing Off laws as that is what you will primarily be dealing with.

    From your own marketing perspective, let alone financial, there is no logical benefit from 'passing off' anyway and cybersquatting benefits won't apply. There is no value. The owner of the brand will simply thank you for saving them the money in buying a useless domain name and threaten to sue you if you try and use it. Result=lose!
    Based on what I've read at WIPO, I would agree with this assesment. Even if they're just actively using the .com version of the domain without registering further trademarks, they already have a pretty strong case. If you try to sell them the .net or .org version of their domain, you're basically saying "I registered your name to sell it to you" and making their case even stronger.
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  10. #10
    Quote Originally Posted by DNGeeks View Post
    A trademark is NOT required is the name is considered "famous".
    That depends on whose law we're talking here. Both the U.S. Anticybersquatting Consumer Protection Act (ACPA) and Uniform Dispute Resolution Policy (UDRP) require one to demonstrate trademark rights prior to showing infringment, though I don't know if any applicable U.K. law allows for such without showing trademark rights.

    Last I checked with Paul Keating esq., coupled with what's being discussed here, it looks like trademark rights are still needed.

  11. #11
    Join Date
    Mar 2004
    Posts
    695
    Consider it a really bad idea.

    If you are not going to host it, Why do you want the domain name?
    Are you expecting them to pay you a fortune for it? Forget it, they will spend that fortune on lawyers instead of making you rich, and be sure you'll lose
    Mousa: [as Rambo prepares to play Afghan game 'buzkashi'] God must love crazy people.
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  12. #12
    Join Date
    Jul 2005
    Posts
    445
    It really doesn't matter one jot which country you come from when it comes to the protection of commercial assets by those with the funds and status to pursue their interests. You could live on Mars. But Jurisdiction is always determined by the litigator.

    This can be contested over a simple unpaid bill and, out of general compassion, may mean the litigator will be amenable to, even obligated, to respond reasonably to your request for a local Hearing. This consideration is usually only extended to Food Stamp Applicants when they haven't paid a utility bill.

    However, there is no such margin extend to commercial violators of major commercial interests and you will be forced to defend in whichever country, subject to that country's laws, as determined by the Plaintiff. No quarter is shown or expected.

    Furthermore, you will be required to deposit a sum of money with the Court presiding equivalent to your likely costs in the event you lose before you can even start to defend yourself against those who's rights you have unwisely violated.

    Piss of the big players at your peril! They are inclined to make an example and very harshly.

    They won't buy your domain name off you. But they will crush you like a worm if you even think of trying to hold them to ransom. Rightly so, too!

    Your domain is as useless as paperless origami. The wisest course would be to contact the main brand owner and offer them the domain at cost plus reasonable expenses. They will probably provide a small profit.
    Last edited by Mach4-Chris; 08-29-2009 at 06:37 PM.

  13. #13
    Join Date
    Jul 2005
    Posts
    445
    Quote Originally Posted by Dave Zan View Post
    That depends on whose law we're talking here. Both the U.S. Anticybersquatting Consumer Protection Act (ACPA) and Uniform Dispute Resolution Policy (UDRP) require one to demonstrate trademark rights prior to showing infringment, though I don't know if any applicable U.K. law allows for such without showing trademark rights.

    Last I checked with Paul Keating esq., coupled with what's being discussed here, it looks like trademark rights are still needed.
    Self medication is no prescription. Check again!

  14. #14
    Join Date
    Jul 2005
    Posts
    445
    Dave, old chap.

    Forget Trademarks. It is precedence that counts in all instances of Intellectual Property. Nobody in their right mind would even consider attempting such an obvious attack on a major brand. These doors were slammed well and truly shut before you were even in nappies.

    The loopholes you think exist don't. Spend you money on a new train set. As long as you keep the original boxes you might prof later. But buy a domain with malicious intent and you will be renewing it every year at your cost based on a dream that nobody takes remotely seriously.

    Stop taking drugs! lol
    Last edited by Mach4-Chris; 08-29-2009 at 07:08 PM.

  15. #15
    Heh, I'm simply replying to DNGeek's post that trademark rights aren't required in this specific discussion. But yeah, there's no stopping anyone who's RAW (Ready, Able, Willing) to demonstrate whatever right they're prescribed under whatever applicable law and/or policy.

    Mileage varies among people.

  16. #16
    Me too, I would be extremely careful about doing what you are intending to do, in those difficult time, there is nothing worse being sued for such a minor act.

  17. #17
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    Aug 2009
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    UK
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    I wouldn't bother. It's too risky. Unless you have more money than them to spend on a court case!

  18. #18
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    Jan 2006
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    Jersey
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    Yes, you will get into trouble -_-, think about this, why arent the .net and .org registered in the first place? I'm sure a multi-million dollar company can spare $20/yr to register .net and .org.

    And we cant really tell you if this .net and .org would be worth it based just on the fact that its a multi-million dollar company.
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