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07-22-2006, 05:08 AM
| #1 (permalink) |
| Gold Lifetime Member   | Curiosity: What would happan if ... Today I've a strange curiosity, I like making strange hypothesis ... Suppose I own a generic domain (single dictionary word, let's say apple.com) which's also a company name and a protected trademark if used under a specific category. Now suppose I'm using it on a PPC full of links strictly referred to "Apple products" so, obviously, I'm violating their trademark and I'm risking to lose it in a Wipo proceeding ... An apple lawyer contact me asking to immediately desist by continuing to use such domain and to transfer it immediately to apple, suppose also he saves a screenshot of its ppc page. I immediately change whois with totally new data and put the domain permanently offline: what would happen at this point in your opinion ? Even if they should accuse me to have intentionally sold the domain, will they still have a chance to win it at Wipo against the new registrant (apparently in good faith because he has never used it to violate apple trademark ?) or not ? I'm not involved in any similar situation at this time but it's surely an interesting case to discuss here ... |
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07-22-2006, 08:59 AM
| #3 (permalink) |
| DNF Member  Last Online: 06-24-2009 04:17 PM iTrader: (0) Join Date: Mar 2004
Posts: 427
DNF$: 561 Location: Earth  | Re: Curiosity: What would happan if ... They probably dont have rights to the domain but they have the right to sue you for using their trademark in that business area. And that could cost you a lot more than a domain.
__________________ Playing with fire  |
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07-23-2006, 05:02 AM
| #5 (permalink) |
| Senior Exclusive Member  Last Online: Today 07:10 AM iTrader: (46) Join Date: Mar 2006
Posts: 1,737
DNF$: 1,239 Location: www
Country:       | Re: Curiosity: What would happan if ... I think they can still go after the name even though it has been sold to another person. Besides selling it to another party will provide to the TM owners additional evidence that you're indeed guilty of a serious violation--WIPO will consider such evidence. I think it is better to hand over the domain once you receive a C&D to avoid unnecessary costs.
__________________ Always buying .COM revenue type-ins. PM me! |
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07-24-2006, 10:31 AM
| #6 (permalink) |
| DNF Addict  Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835 Location: Columbia, MD | Re: Curiosity: What would happan if ... You would also still be liable to be charged under the Lanham Act with a maximum fine of $100,000.00, atoorney fees, all proceeds made from the domain (notice I did not say "profit"), and pensatory damages... maybe more.
__________________ Track emails that you send, PM me to find out how.... |
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07-25-2006, 05:56 AM
| #7 (permalink) | |
| Platinum Lifetime Member Name: Dave Zan Last Online: 11-12-2009 09:55 PM iTrader: (1) Join Date: Aug 2004
Posts: 1,663
DNF$: 0 Location: Manila  | Re: Curiosity: What would happan if ... Quote:
__________________ Vidi, Vici, Veni!  | |
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