Welcome to WebmasterWorld Guest from 3.92.28.84

Forum Moderators: buckworks & webwork

Message Too Old, No Replies

Tips To Act In Case of Domain Name Trademark Infringment

Tips To Act In Case of Domain Name Trademark Infringment

     
7:22 pm on Aug 18, 2009 (gmt 0)

Junior Member

10+ Year Member

joined:Apr 18, 2007
posts:133
votes: 0


Call me paranoid, but this thing has been bothering me for the past few days which is why I thought of posting the query here. Here's my question:

I recently registered a domain name for my personal blog. The name is a two letter word and is very good. I just realized that there is a charity foundation with the same name and they have registered the .org version of the domain name. I have a feeling I could be infringing their trademark. My question is:

Let's assume that my site becomes popular after a year. I have a lot of repeated readers. Now let's say this foundation or someone else comes along and tells me that I am infringing on their copyrights and that they want the domain name back. What do I do now?

I have thought out a plan in-case something like this happens. I just want to know what you guys think of this plan and if it is workable:

1.) As soon as I get the notice I register another domain and 301 redirect the current domain to the new one.

2.) I notify Google regarding this in the Google webmaster central.

3.) Finally I drop the domain name and give it to the trademark holders.

Will this work? I mean, how much time will I have if in-case I were to file a UDRP (Uniform Domain Name Dispute Resolution Policy)?

If you guys have any other suggestions, please do let me know..

10:08 pm on Aug 18, 2009 (gmt 0)

Junior Member

10+ Year Member

joined:Apr 18, 2007
posts:133
votes: 0


Any help will be appreciated
1:45 am on Aug 19, 2009 (gmt 0)

Senior Member

WebmasterWorld Senior Member 10+ Year Member

joined:May 31, 2006
posts:1312
votes: 30


Your best bet is to talk to a lawyer, there are a few on here, I'm not one.

Things to consider:
- Do they actually have a trademark?
- Are you making money off the domain/site?
- Is your domain/site related to the topic of that charity?
- Get the "backup" domain now and redirect it to the preferred domain. If you need to down the road, simply reverse that.

1:56 am on Aug 20, 2009 (gmt 0)

Junior Member

10+ Year Member

joined:Nov 14, 2006
posts:57
votes: 0


Even if they do have a TM, they would need to prove 'bad faith' use of the domain by you. IE you were trying to profit from their brand for example.

If you could prove that you had nmo idea of their existence prior to regging the name you should be OK. But it's a hard one to prove of course...