help with a potential reg please

[aldwin]

ok, I found one domain that I think it's pretty cool. The unregged domain that I want to reg is a .it domain.
The problem is that a .com version of the domain exists.

the .com version:
1) Is owned by a US person
2) Is developed as an affiliate website
3) Is not a trademark
4) Is in Italian.

My question is:
Given that I'll be developing the .it name as an affiliate website (of the same affiliation or of another one of the same category) AND I'll develop it in Italian, could he make a legal action against me for cybersquatting?

Thanks in advance

[Dale Hubbard]

My take on it:

1: Person or corporate entity? Might make a difference depending on the domain.

2: Inconsequential

3: You checked that, I assume? www.uspto.gov for US marks?

4: Depends on the mark if any

5: Your .com counterpart may be in TM/SM breach - another whole ball game.

I will leave this to the professionals - they may warn you off, but prima facie, I wouldn't worry too much, depending on the name which you (quite sensibly) haven't revealed. Don't assume that an .IT domain protects you from international action.

Hoping that an esquire will comment...

Thanks!

[aldwin]

My take on it:

1: Person or corporate entity? Might make a difference depending on the domain.

Person.

3: You checked that, I assume? www.uspto.gov for US marks?

Yes. No TMs

Don't assume that an .IT domain protects you from international action.

Hoping that an esquire will comment...

Thanks!

Yes, I know that. I only know that a non-EU citizen cannot ask for arbitrage on a .it domain, but he can still do a lawsuit

[DNQuest.com]

Clarification....


Quote:
Originally Posted by aZooZa
My take on it:

1: Person or corporate entity? Might make a difference depending on the domain.


Person.

It doesn't matter whether a domain is owned by a corporation or is personal, the rights are exactly the same. The only difference would be the financial backing to defend their mark.



Quote:
3: You checked that, I assume? www.uspto.gov for US marks?


Yes. No TMs

Checking the USTPO will only determine REGISTERED marks, This does not mean there is no TM. You can can a TM without it being registered with the USTPO. People get confused with that. Also, there are many different countries out there, the US isn't the only place with a TM can be registered.

As far as your question, it is hard to say without knowing the exact domain. There could be a variety of factors involved, but I do aggree if the .com owner is infringing on the TM, would would be too.

Lastly, anyone can be sued for anything at anytime, that is the thing about the courts. Whether it is justifiable is another story. Could they take legal action? they sure can. The courts isn't always about justice, it is about deeper pockets.

[DNjet]

I think if the .com version is running affiliate programs and NOT providing their own content then they don't have a leg to stand on with a TM issue.

[aldwin]

I think if the .com version is running affiliate programs and NOT providing their own content then they don't have a leg to stand on with a TM issue.

Yes, that's the second time I hear this.. I think I'll reg the domain in the end