Background: I've registered and used "FamilyName".cn (China) for about 2 years. There is a EU based "FamilyName Inc." which registered "FamilyName" with most european TLDs. "FamilyName".com/.biz/.info are registered by another "FamilyName Widged Inc."
How can I prepare for a potential C&D if one of those LTDs extends it's buissnes to China?
Of course, it's all different should you decide to extend to Europe yourself. You'd have to look for a different name to market there.
The "Family Inc" holds quite a few "Family Product" trademarks. They haven't yet registered them in Asia but I suspect they will expand rather sooner than later.
Why bother with the effort unless the name is, in fact, your family name? If it isn't it makes you appear to be doing a bad thing, disreputable, etc.
Bad karma if nothing else.
Sorry, but I don't see anyone here being in a position to give you "the answer".
Why bother with the effort unless the name is, in fact, your family name?
It is indeed my family name ;)
Sorry, but I don't see anyone here being in a position to give you "the answer".
I'm not looking for "the answer" - that's the job of my layer - but for previouse cases.
There are some documented cases for .com and .de, with very inconsistend results throughout court and arbitration decissions.
In Germany (fwiw) there have been a handful of marked exceptions. In all cases, those involved extremely well known global brands (made up example: Mr. Shell can't prevent the oily folks from taking shell.de away from him).
Smaller brands get smaller priviledges, especially if they are only about to enter a new market where they're not gernerally known yet. And of course, in some countries it may just depend on who has the better connections... ;)
I'm not looking for "the answer" - that's the job of my lawyer - but for previouse cases.
What 'Bob Smith' did in Texas in "Mrs. Smith's Pies versus Bob Smith and Smith.com" is what you're looking for? Why?
Does Texas law control in your jurisdiction?
Did the Texas case fall under U.S. Copyright law?
Is your situation controlled by U.S. Trademark law?
Is the claim against you being brought in the U.S.? Are you properly subject to U.S. law? Are you using the domain to engage in commerce in the U.S.?
Now, substitute Berlin or London or Hong Kong for Texas.
You see, "previous cases" are of some value only if they have precendential value (will be followed or relied upon by courts in the jurisdiction where a claim is brought against you for their jurisprudential value). If a claim is brought against you under a completely different body of law than the person who responds "Yes, in my case this happened . . ." then you will be misguided.
We can't even begin to know if what we have to offer is germane or misguided without first knowing 1) where your case may be prosecuted; 2) what the allegations (legal implications are); and, 3) what the core facts are. Telling us the essential facts potentially opens you up to making 'admissions' that can be used against you and calls upon non-lawyers to make legal assessments of facts and laws. As a general rule WW TOS do not allow for this.
If your lawyer is not adept at quickly finding "previous cases" that are, in fact, of precential value, OR indeed, if he/she doesn't already know what cases are of precedential value in your situation then you should consider finding a new lawyer.
No kidding, especially if you have assets you stand to lose.
