.ca legal question.

[SkyMan]

Hey guys,

I registered a .ca domain in January around the same time a gentleman is saying he acquired rights to the name. Can he legally make me hand over the domain?


Thanks! :tu:

 

[iNod]

May I ask as to what the name is and how he acquired rights? Are we talking trademark, patent, copyright..? What?

- Steve

 

[SkyMan]

The domain in question is kub.ca. He didn't say exactly what his rights were. His direct quotes were:

"I think I have a legal right on that domain name... do you? I would like to resolve this situation without the help of a layer and I'm willing to pay for the transfer fees."


Thanks

 

[sudesh]

I don't think he has any rights.. but then again, you should consult a lawyer and I am not one.

 

[Damion]

PM send.

 

[hugegrowth]

Funny, I was thinking of regging that name a year or two ago when it was still available. I wouldn't do anything without more explanation. Even if he had a trademark on the name, it would be for a specific product or industry, so as long as you don't use the domain for something confusingly similar, you should be ok. This is a three letter word after all that could be an acronym for anything. Looks like this guy missed out.

 

[jaydub]

Sounds like he is trying to bluff you into giving him the name...don't fall for it...
I would probably try and get some sort of page up...even "under construction"..

Make sure there are no links to products of his type in your SEDO parking page...that could be a problem...

He snoozed...he losed...lol

 

[YesBrilliant]

This is what was returned for KUB at the Canadian Trade-marks Database:

Your query was
Search for: kub in the TM Lookup
within: All
with a status of: All
that were: All from 1 January 1865 to 27 February 2007

The search result(s) will contain the title, status, application number, and registration number (if it exists) of the documents.
-----------------------------------------------

Documents found: 5
1. Trademarks: KUB & DESIGN, Registered, 0824225, TMA488823
2. Trademarks: KUB Quatron, Registered, 1085019, TMA582161
3. Trademarks: KUB, Registered, 0754004, TMA452157
4. Trademarks: KUBLAI'S & DESIGN, Registered, 0783587, TMA520138
5. Trademarks: ATTAKUB (& Dessin), Abandoned - Section 36, 1108440

Stay away from those 5 areas and you are probably ok.

His lost.

 

[Skinny]

I agree with everything that is stated above. He didn't specifically tell you what you violated or if you are breaching any trademark agreements.

Until that time you, you registered the domain so it's his problem that he didn't register it earlier.

I'm not a lawyer just my opinion.

Skinny

 

[SkyMan]

PM send.

Thank you very much Damion. That was VERY detailed and helpful. Rep added. :santa:

Thanks a lot guys . Reps added. Thanks for running the name through the trademark search as well! Awesome!

I'll keep you guys updated.

 

[Damion]

Hey no problem man, keep us posted on further developments.

 

[stscac]

Let us know when his layer contacts you.

"I think I have a legal right on that domain name... do you? I would like to resolve this situation without the help of a layer and I'm willing to pay for the transfer fees."

:lol:

Brick Layer?

-Steve

 

[SkyMan]

Not that it should make any difference, but the gentleman in question hails from Quebec. :hehe:

 

[stscac]

Not that it should make any difference, but the gentleman in question hails from Quebec. :hehe:

:lol:

And you hail from?

-Steve

 

[SkyMan]

Ontario...home of the trillium...and stuff. :tu:

 

[IAmAllanShore]

Moved to legal issues as I'm guessing you don't want this indexed
-Allan :gl: