.mobi and Trademarks

colombani · 11-11-2006, 02:00 PM

have a big process (lawsuit) with a sport international tournament
because they don't register the .mobi during trademark period
I use the site for non-sport content but

I haven't WIPO process but a French court process in fraudulent use of trademark

They take a big Paris cabinet of laywer and the process will cost me a lot of euros certainly.
My site don't use any sport content. Also I don't drop easily.

Someone has trademark problems with .mobi

accent · 11-12-2006, 01:11 AM

Sorry to hear about your troubles.

If the name involved is general - can mean many things besides the sports tournament - WC need not mean World Cup - you should win, but many times the rich win in court regardless of who is right. And regardless your cost in money, time, and stress can be large.

It is a sad reflection on the system. - But I am sure you will do what you can. Good luck with it.

michal · 11-12-2006, 02:51 AM

(my first post -- welcome everyone!)

i think i do not understand one thing. before 26th september the registration of .mobi was available only for trademark holders, then to everyone. why am going to have problems when registering a trademarked brand or service? i think i have misunderstood the "everyone". can i register a domain and not use it, so that i cannot be accused for "fraudulent use"?

panman · 11-12-2006, 04:23 AM

Hi Everyone

That all depends on the domain name in question!. Is it a three letter domain or something longer? Are you able to tell us the domain in question??. A trademarked name will always be a trademarked name whether or not it has been registered before or after the initial trademark reg period.

colombani · 11-12-2006, 07:04 AM

it' a first+last name domain.
There was not trademark in USA.
They deposit a trademark in october after it register
But my company is in the same country of the owner of the trademark.
The domain is hosted in USA by Godaddy

SMASH · 11-12-2006, 12:45 PM

I don't know about your laws, but in the US. If you can show you registered that name before they sent in the trademark you should be fine.

Also when you say first+last name, do you mean something like JohnSmith.mobi? Have a good one and goodluck.

panman · 11-12-2006, 09:20 PM

Be wary that a company that has used the name in business before officially trademarking that name still "may" win a case!!!- simply because they have "used" the name in business before you reg. the .mobi name. If it's like SMASH said if it's a personal name like your own name and no bad faith was shown you stand a better chance. Unfortunately it all comes down to the $$$ in court, however, do your homework & don't give in easily if u think it is unfair mmmm my 2cts.

11-11-2006, 02:00 PM	THREAD STARTER #1 (permalink)
colombani NamePros Regular Join Date: Sep 2006 Location: FRANCE Posts: 538	.mobi and Trademarks have a big process (lawsuit) with a sport international tournament because they don't register the .mobi during trademark period I use the site for non-sport content but I haven't WIPO process but a French court process in fraudulent use of trademark They take a big Paris cabinet of laywer and the process will cost me a lot of euros certainly. My site don't use any sport content. Also I don't drop easily. Someone has trademark problems with .mobi

11-12-2006, 01:11 AM	#2 (permalink)
accent Senior Member Join Date: Apr 2006 Posts: 2,295	Sorry to hear about your troubles. If the name involved is general - can mean many things besides the sports tournament - WC need not mean World Cup - you should win, but many times the rich win in court regardless of who is right. And regardless your cost in money, time, and stress can be large. It is a sad reflection on the system. - But I am sure you will do what you can. Good luck with it. __________________ Domains for sale For List Of Country Code Domains Jewelry of Tibet and Nepal TibetanJewelry.mobi Tibetan Symbols Om Pyramids Ancient Egyptian Secrets Ancient Mystery Eden Shakti

11-12-2006, 12:45 PM	#6 (permalink)
SMASH NamePros Regular Join Date: Nov 2005 Location: Houston, TX Posts: 442	I don't know about your laws, but in the US. If you can show you registered that name before they sent in the trademark you should be fine. Also when you say first+last name, do you mean something like JohnSmith.mobi? Have a good one and goodluck. __________________ Have a good one and Take care!

11-12-2006, 02:51 AM	#3 (permalink)
michal New Member Join Date: Nov 2006 Posts: 2	(my first post -- welcome everyone!) i think i do not understand one thing. before 26th september the registration of .mobi was available only for trademark holders, then to everyone. why am going to have problems when registering a trademarked brand or service? i think i have misunderstood the "everyone". can i register a domain and not use it, so that i cannot be accused for "fraudulent use"?

11-12-2006, 04:23 AM	#4 (permalink)
panman NamePros Regular Join Date: Jan 2006 Location: Port Melbourne Posts: 349	Hi Everyone That all depends on the domain name in question!. Is it a three letter domain or something longer? Are you able to tell us the domain in question??. A trademarked name will always be a trademarked name whether or not it has been registered before or after the initial trademark reg period.

11-12-2006, 07:04 AM	THREAD STARTER #5 (permalink)
colombani NamePros Regular Join Date: Sep 2006 Location: FRANCE Posts: 538	it' a first+last name domain. There was not trademark in USA. They deposit a trademark in october after it register But my company is in the same country of the owner of the trademark. The domain is hosted in USA by Godaddy

11-12-2006, 09:20 PM	#7 (permalink)
panman NamePros Regular Join Date: Jan 2006 Location: Port Melbourne Posts: 349	Be wary that a company that has used the name in business before officially trademarking that name still "may" win a case!!!- simply because they have "used" the name in business before you reg. the .mobi name. If it's like SMASH said if it's a personal name like your own name and no bad faith was shown you stand a better chance. Unfortunately it all comes down to the $$$ in court, however, do your homework & don't give in easily if u think it is unfair mmmm my 2cts.

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)