Similar to a domain in another country

[damain1]

HI there, I want to register a domain that is the name of an established business in another country can they take the domain name away?

For instance the domain is greenhawgs.com that I want to register but they own greenhawgs.eu

Thanks for any assistance.

 

[EnricoSchaefer]

It all depends on what you do with the domain. You need to find a non-infringing use....

 

[damain1]

What if I just want to park the domains until I can sell them?

 

[EnricoSchaefer]

If you park the domain and your parking company software optimizes the ads showing on that parked domain, you need to make sure to exclude ads within the markets of any trademark use. Parking page software typically optimizes the ad showing towards trademark uses. This is a huge problem unless your provider allows you to exclude those categories.

For instance, if you owned the domain Apple.com and you wanted to put up a parking page, you would have to exclude any ads within the computer, software and technology markets. Otherwise, you will be showing ads which essentially infringe on Apple's trademarks within the computer space.

We typically advise against parking pages when there are trademark issues since that parking page often becomes Exhibit A on a UDRP or ACPA complaint, showing that in fact you intended to derive commercial benefit from someone else's registered trademark.

Here are some links which will provide you further insight on the use of parking pages when there are trademark issues in play:

"Low Value" Domain Parking Pages Results In Another Lawsuit Against Google By Advertisers

The Three Views of Trademark Cybersquatting

Hobbits v. Hobbitts: Generic Mark Argument Won't Prevent Panel From Seeing Pay Per Click Parking as Bad Faith

Failure to Respond To Trademark Threat Letters & Use of Privacy Services Can Support a Finding Of Bad Faith