Help please - confused

[anony]

Hi All,

I understand that you can lose a domain in a UDRP/WIPO decision if its violates someone else's live trademark or servicemark.

But, Can you lose the domains for the following situations:

1. The trademark or service mark is dead

2. There is no trademark or servicemark in existence at all. Can someone file a UDRP in this case and take way your domain?

Thanks,

 

[Dave Zan]

Hi Anony.

Not an attorney but will offer what I can.

Hi All,

I understand that you can lose a domain in a UDRP/WIPO decision if its violates someone else's live trademark or servicemark.

Not necessarily. It's one thing to infringe on someone else's mark, it's another
to prove you have a bona fide use for the name.

But, Can you lose the domains for the following situations:

1. The trademark or service mark is dead

2. There is no trademark or servicemark in existence at all. Can someone file a UDRP in this case and take way your domain?

Thanks,

They have to prove they have rights to the name, somehow. And the UDRP
has 3 points the Complainant must prove it has stronger merit than that of
the Respondent. (if the Respondent replies in the first place...)

Other than that, the resident attorneys here are in a better position to post
feedback about this.

 

[Steen]

2. There is no trademark or servicemark in existence at all. Can someone file a UDRP in this case and take way your domain?

Thanks,

There doesn't need to be a registered trademark, it can be common law.

Or so I have read several times thanks to the smarted DNForumers :wink: