i have the barristers of a french banking group Crédit Foncier (means 'property loan' in english) claiming i registered their company name in bad faith (créditfoncier.com). as an australian living in france, i did not even know the group existed until i got their letter, but they claim this is impossible. for me, the name is highly generic and suits my future plans for a real estate portal. how should i proceed? as it is a .com i assume the proceedings will take place in the US, but who foots the legal bills and how much are they if i lose?
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"property loan".com reg'd in french
- Thread starter JinGu
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I'm a noob (and not a lawyer) but had to do some research myself. Generally these are arbitrated settlements and take place based on where the registrar is located. Make sure your email address (et al) is correct on Whois because this is how they will contact you. I don't know anything about the trademark system in France. However, the settlements are published on the web and accessible via a link in this forum (i.e. Search WIPRO or UDRP). Spend time reading these to better assess where you stand.
BTW, DO NOT offer to sell the domain to them. This is a clear indication you registered the domain in "bad faith".
Good luck,
BidNo
BTW, DO NOT offer to sell the domain to them. This is a clear indication you registered the domain in "bad faith".
Good luck,
BidNo
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They will probably go with WIPO and file a claim for the domain. All costs are paid by them unless you choose to hire a lawyer to represent you.
The words are generic themselves, but when put together they probably do violate their TM. Even more so when the language is considered.
There is no cost if you lose a WIPO proceeding. However they could still bring a civil case against you afterwards.
The claim could be made in French so be prepared to translate.
The words are generic themselves, but when put together they probably do violate their TM. Even more so when the language is considered.
There is no cost if you lose a WIPO proceeding. However they could still bring a civil case against you afterwards.
The claim could be made in French so be prepared to translate.
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I couldn't find a trademark for "crédit foncier" in US or France. I believe its a generic term as well. I would reply that "you registered the name in good faith due to its generic nature and that a trademark search produced no results/conflicts." This is all I would say in my reply, nothing more.
No trademark, they have no legit claim to the .com
No trademark, they have no legit claim to the .com
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Zoobar said:
I agree with zoobar.
It's a generic term IMO, how many other "crédit foncier" companies do you think there are located in France? Tons.
- Rob
I checked in TESS trademark db and only found an ABANDONED entry for credit foncier, which seems self-evident.
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Dave Zan said:
http://arbiter.wipo.int/domains/decisions/html/2004/d2004-0799.html
almaza.com
> Complaint denied
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