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Trademarked name - 3rd party buying domains with our name

Trademarked name - 3rd party buying domains with our name.

         

bendavid25

11:59 am on Dec 19, 2007 (gmt 0)

10+ Year Member



We recently discovered that someone has purchased at least 1 url with our trademarked name.

We currently own a few versions of our trademarked name:

name.com
namesales.com

We recently tried to register "name.eu" for our european sales division and found that someone (looks like in Turkey) registered the name. The owner then said he would "release it" to us for 1,600 euro.

I know according to ICANN Domain Name Dispute Resolution Policies this is a clear violation of trademark infringment. It clearly states that is forbidden for an individual to purchase a url with a trademarked domain with the intent of selling back to the trademarked name owner.

My question is: Does ICANN have any authority to revoke the domain and place it under our control? Do they have any teeth? Or do we have to hire an ip attorney? (that would likely cost us more than 1,600 euro).

Thanks,

Jamie

jmccormac

1:25 pm on Dec 19, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Contact EURid (www.eurid.eu). Technically, a registrant has to be in the EU. You will also need to have an office in the EU and rights to the trademark in an EU country or a EU trademark (CTM). The official site for disputes is www.adr.eu - it has the necessary forms and instructions. Offering to sell the domain to a rights holder is evidence of bad faith registration.

Regards...jmcc

Laker

1:31 pm on Dec 19, 2007 (gmt 0)

10+ Year Member



bendavid25,

Please read [webmasterworld.com...]

and, (optionally ;-) the last post in this thread: [webmasterworld.com...]

[edited by: Laker at 1:43 pm (utc) on Dec. 19, 2007]

bendavid25

4:23 pm on Dec 19, 2007 (gmt 0)

10+ Year Member



Thank you for the replies guys it has been helpful.

Sincerely,

Jamie

Webwork

4:40 pm on Dec 19, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Thanks for the hand, Laker.

bendavid, for the reasons stated in the threads that Laker linked to I'm going to close out this thread. Thanks for understanding and, as the saying goes, talk to a lawyer versed in the nuances of trademark law as it applies to the various jurisdictions. Argh. Good luck. :)