I find a domain with a ccTLD and I like it.
For example:
FamousTrademark.jp
country code for Japan, the domain actually is already property of company but what if I was the first one to register it? Under which rule Google had the rights to take something I paid for?
I have the problem that I register other very brandable (and other are still available if I want) in some countries but I do not know if I can use them, develep them or just sell them without worrying about those companies which their head offices are located in other country like in Italy.
Do I have to check every country`s law or there is an International standard law?
And what about if I register let`s say in France a name of another company which is not yet present in France but thn between 2 years the company decide to expand and have a branch in France too and at that time wants my website? Is not the case of first come-first served and if they want it they have to pay me?
Thanks for answers.
[edited by: Webwork at 10:33 pm (utc) on Mar. 13, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]
Under which rule Google had the rights to take something I paid for?
I suggest you start at the Patent and Trademark Office [uspto.gov]
The Trademark Cyberpiracy Prevention Act is not in favor of the little guy online. It was quickly passed as legislation by Congressman who do not understand the internet, but only wanted to protect big business.
[edited by: Webwork at 7:47 pm (utc) on Mar. 13, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]
If I buy let`s say the last idea of Ebay, Prostores, and I already own a couple of them, who is Ebay to tell me I have to give them to them?
I paid, the domains are mine.
[edited by: davezan at 9:06 pm (utc) on Mar. 13, 2006]
who is Ebay to tell me I have to give them to them?
Three quick questions:
1. What are you worth?
2. What is eBay worth?
3. How much are you prepared to lose?
Ebay registered a trademark. You can search for it and read it here [uspto.gov] - number 2735542 (although they have others)
Since they have a trademark, if you register a domain name with "ebay" in it, and start talking about auctions, they will come down on you like a ton of bricks :-)
IMHO you really should read up on (international) intellectual property law.
I own 2 extensions of Prostores, I don`t want to spam so I will not say the extensions but that does not mean that because the .com is property of Ebay, then I have to give them my 2 ccTLD. No way, I`m not copying their business, I just liked the name and I wanted for my business that name.
I`m not registering something like ebayauctions.com or realebaycheapitems.com , I don`t need that.
Plus, I want to see how a company who has a trademark in the Usa can claim the same right in a country where has not registered any trademarks.
Or are you telling me that with my deep surprise all the Nations of the world agreeded to a standard global law regarding domain rights? I don`t think so and the fact that every ccTLD has different requiremts show that.
Am I wrong?
(...)because someone else comes AFTER me and wants something I got first.
Essentially, if someone registered a trademark first, they "got there first".
You "got there second" with your domain registration.
Didn't you think to search for existing registered trademarks BEFORE registering your domains? There is a free search at USPTO [uspto.gov]
Or are you telling me that with my deep surprise all the Nations of the world agreeded to a standard global law regarding domain rights?
Nothing specific about domains, AFAIK, but there are many international agreements regarding intellectual property.
What do you think the World Intellectual Property Organization [wipo.int] is there for?
<sigh>
I admit I did not read yet much...
Wrong way to work into a knowledge/information sector.
Well, if I`m wrong then patience, it would cost me just the registration fees.
Thanks for the info. :)
Webwork: I read that example and there is no way we can compare my case because:
they were fighting for a .com , I own 2 ccTLD equal to the .com but the name is a pretty generic English term so that it`s very hard to prove that I registered it on bad faith.
Plus I`m not going to build cheats to keep people on the website or porn stuff that hav nothing to do with the name <snip>.
But I admit, I can`t be sure to be safe because I don`t know much about copyright issues, all I know is that I did not register them in bad faith, I just liked them and did not think it could be a problem in the future otherwise why Ebay did not register all the ccTLD? They were there free for everyone.<snip>
I think that the problem is not ours, ICANN made mistakes. At the start of the internet all of this had to be planned. Now they should fix the problems instead of creating more extensions and more problems. Or they just care about selling domains and making money?
[edited by: Webwork at 12:08 pm (utc) on Mar. 15, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]
they were fighting for a .com , I own 2 ccTLD equal to the .com but the name is a pretty generic English term
It really doesn't matter if it's generic, if it's TRADEMARKED (I'm starting to sound like a stuck record here)
e.g.
"Ford" is a pretty generic word, and is a very common family name. If you try and build cars and sell them under this name Ford Motor Company will come after you.
"La Perla" means "the pearl" (also generic). If you try and manufacture swimwear or underwear with this name then La Perla Fashion Group will come after you.
The domain you were talking about is actually still available in thirteen other ccTLDs(!)
There could be two reasons for this:
(1) nobody has noticed that these good domains haven't been registered
or
(2) people have noticed, but the name is trademarked so no-one wants to risk it.
Which do YOU think it is?
If you're quick you can probably snap up the other thirteen available domains ;-)
so that it`s very hard to prove that I registered it on bad faith.
IANAL but to prove "bad faith" the UDRP might just take a look at your first post in this thread [webmasterworld.com] and immediately jump to the conclusion that you were aware of the trademark but decided to register the domain anyway "to see if you could get away with it".
Under which rule Google had the rights to take something I paid for?
Trademark law.
Or are you telling me that with my deep surprise all the Nations of the world agreeded to a standard global law regarding domain rights?
WIPO Trademark Law Treaty.
I want to see how a company who has a trademark in the Usa can claim the same right in a country where has not registered any trademarks
You're right, they may not be able to. Just because they send you a lawyers' letter doesn't mean they'd win a court case.
Am I wrong?
Mostly, yes. ;)
You're right that there's no new international law which is solely concerned with domain names (as far as I know), but you're wrong in thinking that existing law doesn't apply to domain names.
As I say above, you're also right that if a firm tries to enforce their trademark in a country where that trademark does not apply, then they may be in the wrong.
But: maybe they have an international mark under the Madrid System:
[wipo.int...]
or a pan-European mark under the Community Trade Mark system:
[oami.eu.int...]
You should do a search and find out. If they're sending you legal letters then why not ask them for their trademark registration number, and full registration details.
Hope that helps, a.
therefore if the two companies decide to get their domain back, there is nothing you can do to stop them.
Now if you had registered your domain names 20 years ago [jottings.com] - it would be a different story ;)
I will not make any war. I don`t have the money and for sure the resouces.
But I still don`t find right , just in my modest opinion, that any big company just because is big, can take all the domains they want.
But I still don`t find right , just in my modest opinion, that any big company just because is big, can take all the domains they want.
Just playing devil's advocate:
If someone goes to the bother of building up a company and brand, and registering a trademark on their brand, shouldn't they have protection from cybersquatters?
There are many domain names free from trademark issues. Why not pick one and use it for your site?
Put another way - why put your entire business at risk just because (a) you didn't do enough research and (b) you appear to think international trademark law is patently unfair?
But I still don`t find right , just in my modest opinion, that any big company just because is big, can take all the domains they want.
Like many aspects of law, right and wrong are not always important factors.
You are entitled to your opinion. I respect your opinion as well, but if you play with my trademarks, I have no choice but to defend them. Protecting a mark is part of the legal responsibilty that comes with the right to keep the trademark.
any big company just because is big, can take all the domains they want.
You've not been reading what people have been telling you.
It's not 'just because is big', it's because they're the legal owners of the trademark.
Small companies can register trademarks too; I've done this myself, it's a simple and inexpensive process.
If you're determined to feel like a victim then go ahead, but that feeling's got no basis in reality.
If you're determined to feel like a victim then go ahead, but that feeling's got no basis in reality.
Especially if you're seen getting a free ride on my established trademark rights.
Thanks, I will make treasure of the lesson and of your advices........not a big deal, I just need to find another name but I`ll check if this time will be free from any sort of trademarks.
Thanks
I registered a .com domain using english characters but the name sounds like a word in another european language. I didn't develop it at the time but registered it for the future when I could develop it.
About 6-9 months later, a company approached me to buy this domain name. They had come up with the same word to describe something they were doing, although their company was called something different at the time.
We couldn't agree on a price and we left it at that.
The company bought up the .net version and seem to be doing very well. Their company is now reasonably well known by this word, exclusively, in their part of the world and field.
They have made no contact since the initial time which was a while ago.
Do they have a claim on my domain name?
Do they have a claim on my domain name?
Do they have a trademark? Do YOU have a trademark?
Therefore, I think I can, at the very least, satisfy the bad faith element of any claim.
I think that the company would have consulted their lawyers shortly after they first made contact with me and couldn't buy it. The fact that no contact has been made in years must be a sign that they do not think they have a claim.
Should I feel safe to sleep at night?
For example I register abcde.com and at the time I register it, no one wants it, no trademarks, nothing of nothing.
1 month later or 1 year later, a company register a trademark on the word abcde.
Then that company realise that abcde.com is on my name and want my domain.
What does happen then?
The fact that no contact has been made in years must be a sign that they do not think they have a claim.
If you aren't developing your site, they're probably content with the status quo. How much type-in traffic do you get on your site? Do you have any evidence that your site is being confused with theirs?
If you were to start developing your site in the same field they are in, IMHO you could expect a letter from their lawyers.
For example I register example.com and at the time I register it, no one wants it, no trademarks, nothing of nothing.1 month later or 1 year later, a company register a trademark on the word 'example'.
You don't just 'register a trademark' - it's tied to a particular product or service, or range of products and services. Check out some of the trademarks on uspto.gov registered to companies like eBay.
Then that company realise that example.com is on my name and want my domain.
IANAL but if your name is Mr ABCDE and www.abcde.com has nothing to do with the product or service that the company provides, then IMHO you're unlikely to lose the domain.
The less evidence of good faith you can provide, and the closer your use of the word is to the product or service the trademark relates to, the more trouble you're in.
Why not read up on a few WIPO judgements? Plenty of good examples, and many high-profile cases get covered in the technical press (e.g. The Register) www.google.com is your friend.
Remember, gathering third-party opinions is fine, but do your own research as well :-)
Of course, I have realised that visitors to my domain are going to be expecting to find the company in question when they access my domain (as they have the same name, just the suffix .com/.net are different) and so the keywords have resulted in links that will enable visitors to find the product/service they are looking for. However, those links will probably not be directly through the company concerned as they are unlikely to have a deal with my parking program provider (or any others), because they probably think that their name is unique enough.
Does this change things?
