skype.co.il - Is this legal

[fab]

Will the header of this page http://skype.co.il/ help against a WIPO or TM infraction case.

[iBizStart]

I think so

[DNQuest.com]

Ummm, making up a reason to use a domain name that infringes on a TM will not help you if challenged. Let's take your example.. "Sky Parachute Equipment", I get it, the only problem is you do not sell any parachute equipment at all. It is not even a real business. Next, look at the page, it is clearly a parking page and not one reference of parachute equipment at all. Third, you do make a reference to skype, you are admitting you know of the TM. Forth, you have links to Skype and VOIP...

So if I was with skype, I know I would have a screen shot of this and then I would laugh when you try explaining you right to use the domain with the flimsy attempt to create a reason for using a TM as opposed to a valid reason.

[fab]

Just 1 clarification DNQuest.Com. I have nothing to do with this domain. Just wanted to know if this sort of idea could help in any way.

BTW, I would tend to agree with your arguments.

[DNQuest.com]

Intent and usage plays an important role in deciding cases.. BS usually never works (though people have tried )


I will replace the "you" with " the domain owner" in the above post (better? lol)

[Bender]

Please make a note that this domain is not connected by any way to the "Skype" software/team/media or website !

funny, eh?


it's parked with ND

[Devil Dog]

Asking for trouble.

[snicksnack]

Does Skype hold an TM in Israel? If they do, the domain owner will have to handover the domain eventually. If they don't, it depends on the laws in Israel.

[kiviniar]

no worth....prospective buyers will shy away in case they forsee a TM issue also getting typein traffic with that extension would be like ......once in a million...

no worth

[fab]

Does Skype hold an TM in Israel? If they do, the domain owner will have to handover the domain eventually. If they don't, it depends on the laws in Israel.

This answers your question - http://patentim.justice.gov.il/db1.htm, as yes they do. However, even without that, they should still lose. There was a precedent between yahoo intl. vrs. yahoo.co.il, even though Yahoo Intl., had no Israeli TM and no offices in Israel, they still won the case, and got the domain.

As far as laws, there is no specific Cybersquatting law, however, the TM infraction laws, are basically the same as in US.

As far as traffic goes, I wouldn't be surprised if they are actually getting a few type ins or more per day.

I forgot to mention, the TM is later than the domain registration.

[DNQuest.com]

Please do not confuse with common law TM with registered Marks. Though Yahoo had no registered marks in Isreal, Thier TM is still prevelant world wide which is why they won.

As far as cybersquatting laws, there is the ACPA (Anticybersquatting Consumer Protection Act) which amneds the Lanhan Act by adding title 43. Though it is a US law, if the registry is located in the US, then jurisdiction could be US regardless where the registrant may live.

Now, it does seem this was registered in september 2003, but.... skype issued a beta press release in August 2003.... Are you sure the TM is after registration?

[fab]

Now, it does seem this was registered in september 2003, but.... skype issued a beta press release in August 2003.... Are you sure the TM is after registration?

No, I'm not. I was relying upon the date from the previous link. I still see Skype as being similar to Yahoo though, since they are quite famous internationally. BTW, Yahoo apparently is a dictionary term, which didn't help either.

[Banned: VioxxLawyers]

Skype is eBay now, so a giant company, they have a lot of experience in domain, TM hijacking.

[katherine]

Will the header of this page http://skype.co.il/ help against a WIPO or TM infraction case.

IMO it's asking for trouble, also the ads are serving VOIP content and it's obvious the name is "confusingly similar" to a well-known brand, which is now part of E-bay, a big company with $$$$$ and lawyers on a retainer I suppose :greenwink:
Also, skyp.com has been on UDRP recently so I would not be surprised to see you next in line. Now that you are warned govern yourself accordingly.
To put it simply a disclaimer is not a protection or waiver.

[tiptop]

What do you guys think about the domains that I own ?, am I in the same boat?

skypeme.ca
skypeme.cc
skypephone.biz
skypephone.org
skypephone.tv
skypeshop.info
skype-store.com

[DNQuest.com]

What do you guys think about the domains that I own ?, am I in the same boat?

skypeme.ca
skypeme.cc
skypephone.biz
skypephone.org
skypephone.tv
skypeshop.info
skype-store.com

Are you the TM holder or have permission to use the TM? I am assuming the answer is "no"... in that case, yes, you would be squatting on the name.

[fab]

What do you guys think about the domains that I own ?, am I in the same boat?

Are you getting any traffic? If not why risk TM.