How much TM research is required? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**spietreser** · 01-26-2003, 06:37 PM

Can a trademark holder from *** (country) sue me for taking a domain in which he has a trademark in his country?

I can imagine that it wouldn't be fair to require a domain registrant to check TM's in every country in the world... Or I can also imagine that two persons form different countries can have the trademark for the same word, each in their own country...

So the question really is: how much TM research are domain speculators required to do before registering a name (since, in my opinion, it's not always possible to find out of a TM) ?

Banned: CoolHost.com · 01-27-2003, 12:47 AM

I'll defer to the legal experts here on your TM research and possible multi-jurisdictional queries ... but I can tell you this; one CAN be sued for just about anything, whether they can win, or are successful is an entirely different matter.
Good Luck.

**spietreser** · 01-27-2003, 04:17 AM

Thanks for answering CoolHost,

In the USA you can be sued for stepping on one's foot, but I'm not in the USA. Does that make things different then? Which law is applicable: the law in my country or the law of whoever thinks he has the rights to my domain name?

Regards,

spietreser

01-26-2003, 06:37 PM	#1 (permalink)
spietreser Platinum Lifetime Member Last Online: 11-17-2009 09:04 AM iTrader: (4) Join Date: May 2002 Posts: 849 DNF$: 139 Location: Oith Country:	How much TM research is required? Can a trademark holder from * (country) sue me for taking a domain in which he has a trademark in his country? I can imagine that it wouldn't be fair to require a domain registrant to check TM's in every country in the world... Or I can also imagine that two persons form different countries can have the trademark for the same word, each in their own country... So the question really is: how much TM research are domain speculators required to do before registering a name (since, in my opinion, it's not always possible to find out of a TM) ? __________________ DNKing.com - Get the perfect name for YOUR business!**

01-27-2003, 04:17 AM	#3 (permalink)
spietreser Platinum Lifetime Member Last Online: 11-17-2009 09:04 AM iTrader: (4) Join Date: May 2002 Posts: 849 DNF$: 139 Location: Oith Country:	Thanks for answering CoolHost, In the USA you can be sued for stepping on one's foot, but I'm not in the USA. Does that make things different then? Which law is applicable: the law in my country or the law of whoever thinks he has the rights to my domain name? Regards, spietreser __________________ DNKing.com - Get the perfect name for YOUR business!

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01-27-2003, 12:47 AM	#2 (permalink)
Banned: CoolHost.com Account Terminated Last Online: 05-20-2003 10:22 PM iTrader: (1) Join Date: Oct 2002 Posts: 3,898 DNF$: 1,001 Location: Northeast	I'll defer to the legal experts here on your TM research and possible multi-jurisdictional queries ... but I can tell you this; one CAN be sued for just about anything, whether they can win, or are successful is an entirely different matter. Good Luck.

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