discuss Any IP lawyer here ? Answer Simple question

[Debasis]

Let's take a scenario

There is a huge company (for example- Bottle inc.) and they have their trademark over the word 'bottle' . Let's say someone registered a domain name bottleneck.com . But Bottle.com announced a product related to Neck before the domain (bottleneck.com) registered. They announced the product but not started the business.Signed the Mou with a company and paid them to produce Neck products. but Now there is no product of neck.

1. Talking about today --the Bottle inc. announced the product that will be launched in future.
2.The domainer registered the domain bottleneck.com today but the domainer is from different country.
3.What happens the bottle inc. does not operate in the country where the domainer resides and also bottle inc. dowsnt have a trademark in that country ?

Will the domainer lose it's domain in future ?

In most WIPO Cases the complaintant (Bottle) inc won the battle by giving reason " the Respondent has registered and is using the Disputed Domain Name in bad faith" .

What should the domainer do?
What if the domainer starts a business in te name of bottleneck in his country before bottle.inc launching the product?

 

[johnn]

The same question has been asked here 2,222 times.
The answer is "Why play with Fire?"

 

[Domainace]

I might add that no good IP lawyer is going to hang out at domainers' forums. This is scraping the bottom of the barrel for IP lawyers when there are so many better options.

As for your problem, generally speaking, you are playing a loser's game. Build a business just as a cover for your squatting on a TM? That's an absurd waste of effort. Why not just build a business that makes money? A much better option.

 

[draco]

John Berryhill posts in this forum. He's good, IMHO (and I'm sure a lot of other's here too).

Is the domain you registered really worth the possible problems? If it's YellowMold.com (first relatively worthless domain that popped into my head), seriously, why bother? If it's HealthInsurance.com (sold for over 8 million USD), find a really good attorney and pay them.

 

[AEProgram]

"Talking about today --the Bottle inc. announced the product.... The domainer registered the domain bottleneck.com today.."

Looks like a bad faith reg, some lawyers will tell you that your query is very unique and worth a good investigation. Make sure to have your credit card handy and fasten your seatbelt, you'll stay on that money losing ride until YOU decide to get off it.

 

[jberryhill]

I might add that no good IP lawyer is going to hang out at domainers' forums.

Good point.

 

[jberryhill]

some lawyers will tell you that your query is very unique and worth a good investigation

In trademark law in particular, the specific facts usually matter since not all trademarks are of equal scope, fame, reputation, etc.. Sometimes a question truly is a simple one, and sometimes what seems to be a simple question isn't really all that simple. But, sure, when someone is looking for a consultation on a name, the first thing I do is figure out whether it is a simple question or would require a lot more work.

It's that way with anything, though. If you go to the doctor because your stomach hurts, it could just be gas, and will go away on its own in a little bit, or it could be stomach cancer and you're going to die next week without radical intervention. But the question is still, "My stomach hurts, what's wrong?"

 

[iTesla]

Hello Mr @jberryhill
When we register for copyright, there is a message, is it right to understand that, if I copyright something that is not of my own i will have to pay penalty? I m not English speaker and is hard to understand such complicated sentences.
Thank you.

Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

 

[jberryhill]

is it right to understand that, if I copyright something that is not of my own i will have to pay penalty?

I don't know what that has to do with this thread. A copyright registration application in the US must contain:

(1)
the name and address of the copyright claimant;
(2)
in the case of a work other than an anonymous or pseudonymous work, the name and nationality or domicile of the author or authors, and, if one or more of the authors is dead, the dates of their deaths;
(3)
if the work is anonymous or pseudonymous, the nationality or domicile of the author or authors;
(4)
in the case of a work made for hire, a statement to this effect;
(5)
if the copyright claimant is not the author, a brief statement of how the claimant obtained ownership of the copyright;
(6)
the title of the work, together with any previous or alternative titles under which the work can be identified;
(7)
the year in which creation of the work was completed;
(8)
if the work has been published, the date and nation of its first publication;
(9)
in the case of a compilation or derivative work, an identification of any preexisting work or works that it is based on or incorporates, and a brief, general statement of the additional material covered by the copyright claim being registered; and
(10)
any other information regarded by the Register of Copyrights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright.

-----------

If you make a knowingly false material statement, you can incur a penalty.

A knowingly false statement is something you know at the time to be false. For example, if you claim to be the owner of a copyright which you do not own. On the other hand, if you believe you are the owner, but maybe the assignment is not valid for reasons not known to you, then it is not a "knowingly false" statement.

A material statement is a statement that has some practical consequences. For example, if your name is "Michael Smith" and you say your name is "Mike Smith" because that's what you are known as, then the difference is not "material" because you identify yourself as "Mike" instead of "Michael" and you weren't meaning to suggest it was some other person entirely.

So, yes, if you make a knowingly false material statement in a copyright application, you can be fined.

 

[jberryhill]

They announced the product but not started the business.

https://www.wipo.int/amc/en/domains/search/overview3.0/#item38

3.8.2 Domain names registered in anticipation of trademark rights

As an exception to the general proposition described above in 3.8.1, in certain limited circumstances where the facts of the case establish that the respondent’s intent in registering the domain name was to unfairly capitalize on the complainant’s nascent (typically as yet unregistered) trademark rights, panels have been prepared to find that the respondent has acted in bad faith.

Such scenarios include registration of a domain name: (i) shortly before or after announcement of a corporate merger, (ii) further to the respondent’s insider knowledge (e.g., a former employee), (iii) further to significant media attention (e.g., in connection with a product launch or prominent event), or (iv) following the complainant’s filing of a trademark application.