MASebastian
Established Member
- Impact
- 51
Hello!
I am a lawyer and I started this as a hobby because it is an interesting thing to do (ref domain trading). I read a few posts here about the trademarks and I am curious (and probably in the near future I will start reading more on intelectual property law) about some things.
Based on your experience and on your opinions:
1. What are the main laws that apply to internet domain trademarks?
As you can see, there may be in India a company that registered a trademark for them, lets say for the company name as XZVF Company.
Is the company entitled to own X Z V F /// C O M domain name ? If yes, why ? The internet is a global place and I belive that registering a trademark in a specific country should apply only to marks in that country and to almost anything excepting the internet (www).
Why should be a company registered in India entitled to own an internet domain with the trademarked name ?
2. Which laws apply if the there are more persons involved?
The company is located in India, the domain name is owned by a German persons which has a website hosted in Spain. Lets make it complicated and say that the domain is owned by two persons (as a lawyer I belive that buyers can make an aggrement that even only one registered the domain, they agree that they are both owners) a German and a French. Which law of intelectual property applies? The Indian, German or Spanish ? Why would one apply and the other one does not ?
3. How we deal in case of different reglementation in national laws?
India legislation might say that if you trademark your company name you are entitled to have the internet domain. German legislation might say that trademarking your company name does not entitle you to own a internet domain with the same name.
4. How we deal with the exact name of two companies that are registered in different countries?
We have J J K L company in India and we also have J J K L company registered in Germany. Who is entitled to own the internet domain and why ?
5. Do we ever talk about entitled or only about you could have it regarding a domain name.
6. I see that most of people look for trademarks in the US ? Why would US legislation be more important than others ?
I am a lawyer and I started this as a hobby because it is an interesting thing to do (ref domain trading). I read a few posts here about the trademarks and I am curious (and probably in the near future I will start reading more on intelectual property law) about some things.
Based on your experience and on your opinions:
1. What are the main laws that apply to internet domain trademarks?
As you can see, there may be in India a company that registered a trademark for them, lets say for the company name as XZVF Company.
Is the company entitled to own X Z V F /// C O M domain name ? If yes, why ? The internet is a global place and I belive that registering a trademark in a specific country should apply only to marks in that country and to almost anything excepting the internet (www).
Why should be a company registered in India entitled to own an internet domain with the trademarked name ?
2. Which laws apply if the there are more persons involved?
The company is located in India, the domain name is owned by a German persons which has a website hosted in Spain. Lets make it complicated and say that the domain is owned by two persons (as a lawyer I belive that buyers can make an aggrement that even only one registered the domain, they agree that they are both owners) a German and a French. Which law of intelectual property applies? The Indian, German or Spanish ? Why would one apply and the other one does not ?
3. How we deal in case of different reglementation in national laws?
India legislation might say that if you trademark your company name you are entitled to have the internet domain. German legislation might say that trademarking your company name does not entitle you to own a internet domain with the same name.
4. How we deal with the exact name of two companies that are registered in different countries?
We have J J K L company in India and we also have J J K L company registered in Germany. Who is entitled to own the internet domain and why ?
5. Do we ever talk about entitled or only about you could have it regarding a domain name.
6. I see that most of people look for trademarks in the US ? Why would US legislation be more important than others ?
