What do you think about this?

eamD · Sep 9, 2010

Hi, I would like to know what you think about this case,
A few months ago I registered a domain name and developed a website to sell food supplements, the domain is a .com. The website activity and language is related to one country (is not a global business), a big international pharmaceutical company has a similar but not identical trademark in that country and an identical trademark registered in a different country, the activity of that company is different than my website. My website log shows that a trademark lawyer from that company is visiting my website frequently. They have not contacted me yet, I use private registration on that site. My question is, should I take any measures to protect myself ?, wait an see or feel confident that there is no trademark infringement because the domain and website are used for a a different business or purpose.

Thank you

Brett Lewis · Sep 9, 2010

It really depends on facts that you cannot and should not disclose in a public forum. A domain name does not have to be identical to an existing trademark for their to be infringement. Infringement is also different from what is required under the UDRP or Anticybersquatting Consumer Protection Act. They also do not need to have an identical trademark in the same country, but to support a claim under the ACPA, there does need to be use in the United States. You are right to be concerned if a lawyer is scouring your site. You should consult a domain name attorney off line if you are concerned about losing the domain name.

www.trademarkattorneys.com

eamD · Sep 9, 2010

Thank you for your answer

kumar30 · Sep 15, 2010

Just curious, how do you know that a company's trademark attorney is visiting your site?

domaingenius · Sep 15, 2010

kumar30 said:
Just curious, how do you know that a company's trademark attorney is visiting your site?

I would guess because he is resolving the IP address contained in the website logs and is finding that it resolves to a trade mark lawyer. I check the IP addresses in my logs regularly as gives you useful insight.

DG