Trademark problems?

Arura · 10-22-2002, 02:31 PM

Trademark problems?

Hi, I have spent considerable amounts of time and money to find a domain and finally got the domain arura.com through SnapName Snap-Back service, and I have spent lots of time and money to develop it to a community with active members with subdomains hosted for free at my domain. I have just paid someone to create a mascot for my website and consider to develop cms system for it. Arura is considered my online identity, since I register as Arura on the internet.

Today I received this email:

> Please change the name of your domain. We have a German brand registration
> for that name. This will lead to complications!

I have looked up at the http://oami.eu.int/ website and other trademark search engines but could not find Arura as a registered trademark.

It is not a very formal email, so do I have to be concerned? And what should I reply back to keep my domain and not make an enemy.

Give me good advice please.

Best regards
Arura

President Gringo · 10-22-2002, 02:46 PM

Tell them that if it causes problems to buy it from you. If they are german, then they should worry about the .de and not the .com, which is considered as a US domain extention......and tell them to get a dictionary or learn how to spell

Silverwire · 10-22-2002, 04:53 PM

Originally posted by President Gringo
Tell them that if it causes problems to buy it from you. If they are german, then they should worry about the .de and not the .com, which is considered as a US domain extention......and tell them to get a dictionary or learn how to spell

.com is a US extension? Since when? Arura, you should be safe if you don't exhibit any bad faith and don't compete with them.

Arura · 10-22-2002, 05:12 PM

Hi thank you for encouraging posts.
Everything they say in the email I have copied to this thread.
There is nothing in their email about what kind of company it is or what kind of products/services they offer. He only says that his company has brand registration for the name. I don't think you can copyright or trademark a name itself.

Thank you
Arura

**Ari Goldberger** · 10-23-2002, 10:28 AM

If you registered this domain name without knowledge of the German company's trademark, then your registration is in good faith. Since the tradmark is in Germany, there is no basis for you to have knowledge of it to establish bad faith registration, and decision under the UDRP have so held. It would be helpful, of course, if you have a reason for having picked this particular domain. E.g., is arura a common word in any language?; Is it your name? Your web site development plans also help establish your legitimate interest in the domain name.

**Bob** · 10-23-2002, 10:32 AM

Originally posted by Ari Goldberger
If you registered this domain name without knowledge of the German company's trademark, then your registration is in good faith. Since the tradmark is in Germany, there is no basis for you to have knowledge of it to establish bad faith registration, and decision under the UDRP have so held. It would be helpful, of course, if you have a reason for having picked this particular domain. E.g., is arura a common word in any language?; Is it your name? Your web site development plans also help establish your legitimate interest in the domain name.

Welcome Ari! It is VERY exciting to see you here.

-Bob

**Ari Goldberger** · 10-23-2002, 10:40 AM

Bob-

Thanks for the warm welcome.

**jberryhill** · 10-23-2002, 10:58 AM

"Since the tradmark is in Germany, there is no basis for you to have knowledge of it [...]"

...unless he/she/it is also located in Germany, and there is some applicable statute establishing constructive notice.

**options** · 10-23-2002, 11:23 AM

Originally posted by Silverwire

.com is a US extension? Since when? Arura, you should be safe if you don't exhibit any bad faith and don't compete with them.

You all may be interested in this article:

http://www.theregister.co.uk/content/6/26957.html

Arura · 10-23-2002, 11:42 AM

Hi Mr. Goldberger,

I am new to this community, but from your very informative reply and other posts I can assume that you have much insight and knowledge about domain names.
I appreciate your advice very much.

I have copied parts of the conversation I had with the artist who made the mascot for the domain:

> The domain name Arura.com was chosen because the Arura fruit is a symbol of Health in Ayurvedic and Tibetan Medicine, considered by Ayurvedic Medicine as a great medical remedy for all illnesses.
I chose this name because I am a medical student, and since medical school does not encourge the development of artistic abilities, it has been very satisfactory to express myself through webdesign (and sharing my journals and photos).
I imagine a mascot that climbs up high mountains or go into the jungle to reseach and collect rare medical remedies, and thereafter share journals and pictures from her journeys.
The domain Arura.com was registered April 26, 2002, and has since been developed to facilitate online posting of personal journals and pictures.

I hope to be able to fulfill my intentions when the content management system is installed.
Meanwhile I have many talented artists hosted for free as subdomains under my domain. You can visit some of them: september.arura.com, alp4ce.arura.com, omega.arura.com.

Thank you again for your knowledgeable advice and comforting words.

Best regards
Arura

Silverwire · 10-23-2002, 08:42 PM

Originally posted by options

You all may be interested in this article:

http://www.theregister.co.uk/content/6/26957.html

Interesting, but .com is a gTLD, not a ccTLD. Please look at Mr Berryhill's reference to the issue in theRegister in thread "Legal issues in non-US countries?" at http://www.dnforum.com/showthread.php?threadid=8318.

However, someone ought to let a US court take jusrisdiction over the way some of the world displays dates, the UN be damned. Whenever I see a date like 4/9/02, as in that article's byline, I want to think (properly) that it is Apr 9, not Sept 4th.

**options** · 10-24-2002, 02:55 AM

Originally posted by Silverwire

However, someone ought to let a US court take jusrisdiction over the way some of the world displays dates, the UN be damned. Whenever I see a date like 4/9/02, as in that article's byline, I want to think (properly) that it is Apr 9, not Sept 4th.

Yes, someone ought to let an European court take jusrisdiction over the way some of the world displays dates, the UN be damned. Whenever I see a date like 4/9/02, as in US articles, I want to think (properly) that it is Sept 4th., not Apr 9.

The order must be gradual; 365 days, 12 months, one year.

**Ari Goldberger** · 10-24-2002, 10:54 AM

Arura-

It sounds like you have a legitimate interest in this domain name and registered it in good faith.

Ari

**dtobias** · 10-24-2002, 01:59 PM

I guess we should start referring to the infamous terrorist attacks as "11/9" instead of "9/11"?

**davidthornton** · 10-25-2002, 04:16 PM

Originally posted by dtobias
I guess we should start referring to the infamous terrorist attacks as "11/9" instead of "9/11"?

Yep!

**bidawinner** · 10-25-2002, 04:27 PM

Originally posted by options

You all may be interested in this article:

http://www.theregister.co.uk/content/6/26957.html

dosent say any thing of the sort..you may make a streatch and say .com is Virginias extension..but certainly not the us extension..

"The Court in the Harrods case held that Virginia's interests in the marketability of property within its borders and in providing dispute resolution concerning the possession of that property supported the exercise of in rem jurisdiction. "

the official US extension is .US