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| | Legal Issue
What do you
have to know ! | |
| | - 1.Somebody
has registered a domain name that is the same as a trademark I
own.....
- 2.I
own a domain name that is a trademark of a large company. Can I sell
it to them?
- 3.I want to register a domain name that I know is the
trademark of a large
4.A company has sent me a
polite/insistent/threatening letter claiming 5.Where can I
find more information about domain name disputes?
| |
| | | |
1. | Somebody has registered a domain name
that is the same as a trademark I own. What can I do? | |
| | First, talk to a lawyer! Second, don't
expect that you automatically have the rights to that name. The issue is a
very grey area at the moment. DON'T fire off angry letters to the owner
threatening all manner of retribution unless they hand over the name. Get
legal advice instead. One more thing: InterNIC has a procedure for filing
complaints. Use it. | |
| | | |
2. | I own a domain name that is a trademark
of a large company. Can I sell it to them?  | |
| | No! NO! and nO! If you approach a company
with the intention of selling them a domain name that infringes on one of
their trademarks, you are basically admitting that you registered the
domain name for that purpose i.e. to profit from a trademark infringement.
This is one of the easiest ways to lose a legal battle before it has even
started. Better to wait until the company comes to you. Best not to get
involved in trademark disputes at all. | |
| | | |
3. | I want to register a domain name that I
know is the trademark of a large company. Is this going to make me rich?  | |
| | No. This is going to make you the target of
a lawsuit. The problem is that two or three years ago, when the domain
market was much smaller and companies were just feeling their way
tentatively, it was indeed possible to turn a quick profit by selling an
unwary company its own name back. Now companies have wised up, precedent
has been set, and you are likely, though not certain, to lose any ensuing
legal action. Don't waste your time and money, find safer names. | |
| | | |
4. | A company has sent me a
polite/insistent/threatening letter claiming that my domain name infringes
their trademark. What should I do? | |
| | First, talk to a lawyer! Second, don't
expect that they automatically have the rights to that name. The issue is
a very grey area at the moment. DON'T fire off angry letters of your own
threatening all manner of retribution unless they stop hassling you about
the name. Get legal advice instead. | |
| | | |
5. | Where can I find more information about
domain name disputes? | |
| | The Domain
Threads section of this site contains lots
of information about domain name disputes. You may also find some useful
information in the Links
section of this site. A great site to visit is ReignYourDomain
-- it is packed full of information about dubious practices in the domain
name industry. | |
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Tuesday, July 23, 2002 02:52:12 PM  |
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