TM Issue for a Non US Citizen

[krossat]

Hello,

Well I've started domaining last month onwards and one question keeps jumping in my mind.

I am a resident of India and am also purchasing .com's.
Now an issue i had in mind was, as i am on the lookout for good generic names, i might at some time come across a name which some company contests as a Trademark infringement issue (not that i would like that to happen intentionally).
Under these circumstances, I've got the impression from the earlier posts that I have two ways to go about it, i.e.
1. Hand over the Domain
2. Contest the case.

What i wantred to know is, being a Non-US citizen, how could i contest the case? What happens when a Non-US individual gets a Trademark infingement notice? Does he simply have to let go of the domain (without even getting a chance to contest it)?

Thanks for the help.
Rohan.

 

[VirtualT]

establishing your own rights to the domain is the best thing you can do

 

[krossat]

Yes but establishing the rights to whom?
Whom would I contact or put forward my case to?

Similarly, if one starts a web service under a specific domain name, and then gets a TM Issue, where would one put forth his case? How do bigger Non-US Conpanies do business securely under a .com domain...? All this seems to be really uncertain. :upset:

Thanks

 

[DNQuest.com]

In UDRPs, everything is done via email correspondance. So even though you are in India, you can correspond the same as someone who lived in the US. As far as being non-US and TMs, it doens't rellly matter. The criteria is (and this is paraphraswing)

1- similar or confusingly similar to a TM
2- rights to the domain name
3- Used in bad faith

All the TM holder have to prove is rights or greater rights to a domain. Unfortunately, it is easier to prove rights to a name than it is is to prove TM rights. It can be very subjective at times.

Usage does play an important part, if you develop the domain in a field different thatn the TM name, that will help you. If you already have been contacted, then what you do now may not help you too much. They will say you changed it after you were contacted in order to show good faith. But the damage could already be done.

 

[krossat]

Thanks for the reply DNQuest!

Well I havent been contacted yet. In fact i just got a domain a week ago and it sounds a little similar to a trademarked one. Before i develop it, i just wanted to be sure I am safe and free to develop it without any TM issues.

Let me PM u the name. This name is so spcific, that any use other than what the name suggests would be hard to decipher. Also, the TM name is TM'ed under the same usage.

Had i not known that TM could be a problem, i wudve gone ahead with the development. Now that i have that doubt in my mind, its getting difficult to make a decision. *sometimes ignorance is a bliss :uhoh:*

Please suggest what to do.

Thanks a lot !