

![]() |
| ![]() | |||||||
|
![]() |
| | LinkBack | Thread Tools | Display Modes |
| | #1 (permalink) |
| Platinum Lifetime Member Last Online: 02-20-2009 08:12 AM iTrader: (5) Join Date: Jun 2004
Posts: 1,270
DNF$: 1,795 Location: London
Country: | Registering someone's tm by "coincidence" Hypothetical scenario: Is it illegal for me to register Travelodge.com, trademark wise? Odge is a word I made up, it's a nickname for Europe. So the domain means Travel Europe. Therefore this is legal. ........? Is it always infringing on trademark/copyright if you have a domain such as above, even if it is "not intended" to profit from the larger company?
__________________ Luke - 'Man from Lucania' |
| | |
| Sponsored Ads |
| | #2 (permalink) |
| Platinum Lifetime Member Last Online: 08-31-2007 01:35 AM iTrader: (0) Join Date: Jul 2002
Posts: 1,140
DNF$: 3,049 Location: Wisconsin | Re: Registering someone's tm by "coincidence" No, you can't use domains that are one or two letters different than a famous trademark and expect to avoid litigation or a WIPO suit. If you use a domain that is so close to a trademark, you will probably always lose, especially if you use it for the same area of commerce as the holder of the mark. |
| | |
| | #3 (permalink) | |
| Platinum Lifetime Member Last Online: 06-27-2009 03:38 PM iTrader: (2) Join Date: Dec 2002
Posts: 756
DNF$: 1,232 Location: Madison, WI | Re: Registering someone's tm by "coincidence" Quote:
I mean, come on, get real.
__________________ Dan Norder Werewolves.com, Inklings.com, OtherWoman.com and more | |
| | |
| | #5 (permalink) |
| Alleged Cybersquatter Last Online: Today 08:34 AM iTrader: (15) Join Date: May 2002
Posts: 4,792
DNF$: 2,427 Location: Toronto, ON
Country: | Re: Registering someone's tm by "coincidence" For a famous trademark (e.g. Travelodge), it is difficult to convince the panel or judge that you have never heard of the name before and register something identical or confusingly similar.
__________________ SELLING - chinatradeblog.com ($1,000), chinatradeforum.com ($1,000), sinotown.com (US$500) SOLD 2009 - jinggangshan.com (US$4,000), lujiazui.com (US$3,000), jinqiao.com (US$3,000) |
| | |
| | #6 (permalink) |
| Platinum Lifetime Member Last Online: 02-20-2009 08:12 AM iTrader: (5) Join Date: Jun 2004
Posts: 1,270
DNF$: 1,795 Location: London
Country: | Re: Registering someone's tm by "coincidence" So if one did register a domain containing the name of such a well known company, what is the procedure? Do I get sued? Or is the account removed from my posession? Or... Can I just sell it on for a profit to that company? I apologise if this has been covered elsewhere, but I can't find a thread with the information I need at the moment.
__________________ Luke - 'Man from Lucania' |
| | |
| | #7 (permalink) |
| Platinum Lifetime Member Last Online: Yesterday 06:03 PM iTrader: (12) Join Date: Mar 2003
Posts: 4,883
DNF$: 1,808 Location: White Rock, BC
Country: | Re: Registering someone's tm by "coincidence" If they want the domain I believe the options are: 1) C&D you and hope you hand it over 2) Go to WIPO and launch a complaint 3) Go through the courts instead of WIPO 4) Try and buy the domain off you Due to cost saving, MOST of the time they will C&D you first, and should you not hand it over, WIPO you. That would be the cheapest route I believe. I'm not a lawyer though.. |
| | |
| | #8 (permalink) | |
| Platinum Lifetime Member Last Online: 02-20-2009 08:12 AM iTrader: (5) Join Date: Jun 2004
Posts: 1,270
DNF$: 1,795 Location: London
Country: | Re: Registering someone's tm by "coincidence" Quote:
What is C&D?
__________________ Luke - 'Man from Lucania' | |
| | |
| | #11 (permalink) | |
| Jedi Master Name: Bob Last Online: Yesterday 01:44 PM iTrader: (74) Join Date: Apr 2002
Posts: 2,980
DNF$: 140 Location: Massachusetts
Country: | Re: Registering someone's tm by "coincidence" Quote:
One - they backed off after I scoffed at their C&D letter. Another - I turned over the name. I thought I had a 50/50 chance at best to keep it. Third - They bypassed WIPO and went straight to Federal Court after I had bowed to all of their demands except pay what they wanted in statutory damages. They got their domain, but not the extra money they wanted. Fourth - Is in the works now. It is over a 3 LETTER name. I cannot say much more on the subject at this time, but will let you know the result. -Bob
__________________ The massive purge has begun. | |
| | |
| | #12 (permalink) | |
| Platinum Lifetime Member Last Online: Yesterday 06:03 PM iTrader: (12) Join Date: Mar 2003
Posts: 4,883
DNF$: 1,808 Location: White Rock, BC
Country: | Quote:
Yay! | |
| | |
| | #13 (permalink) |
| Platinum Lifetime Member Name: Roydon Woodford Last Online: 11-13-2009 10:57 AM iTrader: (6) Join Date: Oct 2003
Posts: 37
DNF$: 162 Location: United Kingdom
Country: | Re: Registering someone's tm by "coincidence" Have seen an example where the big player comes out with major legal teams and threaten the individual but are willing to buy the domain/s at a reasonable price as in the end a few £100 or $ is better than a long drawn out expensive legal battle.
__________________ Same Stuff, Different Day! |
| | |
| | #14 (permalink) |
| Platinum Lifetime Member Name: Mike Hansen Last Online: 02-24-2009 09:08 AM iTrader: (9) Join Date: Jul 2004
Posts: 496
DNF$: 11,686 Location: Secaucus, NJ | Re: Registering someone's tm by "coincidence" LoL, I think I'm just going to stick with unique domains, haha.
__________________ http://www.BaseballExposure.com Your Free Source to College Baseball Recruiting Information |
| | |
| | #15 (permalink) |
| DNF Addict Last Online: 05-20-2009 04:21 AM iTrader: (21) Join Date: Jun 2003
Posts: 4,188
DNF$: 7,389 Location: Athens
Country: | Re: Registering someone's tm by "coincidence" if it goes through wipo, does the domain owner pay for the case if he/she loses?
__________________ Seek... And you shall Find |
| | |
| | #16 (permalink) |
| Platinum Lifetime Member Last Online: 12-01-2005 11:02 PM iTrader: (0) Join Date: Oct 2002
Posts: 224
DNF$: 1,216 Location: Davie, Fl | Re: Registering someone's tm by "coincidence" WIPO only has the power to cause the transfer of the domain. It cannot assess costs or damages.
__________________ Howard Neu, Esq. |
| | |
![]() |
| Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
| Thread Tools | |
| Display Modes | |
| |
Similar Threads | ||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Registering in bad faith | DomainPairs | Domain Name Legal Issues | 7 | 12-19-2002 08:47 AM |
| Registering domains for DN bucks | DomainPairs | Domain Registration Discussion | 0 | 11-17-2002 08:28 AM |
| Thinking of registering domain | tmrich | Domain Name Appraisal Discussion | 1 | 10-30-2002 02:19 AM |
| Registering a PERSON'S NAME? | Domain Registration Discussion | 13 | 10-07-2002 07:41 AM | |
| Worth registering? 4262 type ins in Overture | Domain Name Appraisal Discussion | 20 | 09-23-2002 02:25 AM | |