Can you be sued for damages + domain transfer?

[scrsteven]

Hello, I was just curious about registering TM'd names, like the name of some new invention. If the company wants to get the name from you and you won't "fairly negotiate", do they ever sue for damages in addition to the transfer of the domain name (assume you just have a parked site, not adult)? Or are big companies content with just transferring the name? Thanks.

 

[Dave_Z]

Under the US' Anti-Cybersquatting Consumer Protection Act (google "ACPA"),
the complaining party can sue for transfer and monetary damages up to $100k
per name.

 

[scrsteven]

Thanks. Has anyone ever heard of this happening to anyone in a low-profile case? What sort of damages could one possibly get hit with for parking a domain and 'giving it up' for like 50 bucks (the time you spent plus reg fee) to the big company breathing down your back?

 

[rivux]

That fact that someone even asks these questions really speaks volumes about their character.

 

[Dave_Z]

Well...there's one "spectacular case" which speaks volumes. Google "John
Zuccarini".

It's actually more complicated. But that'll give you some ideas.

Hope you know what you're doing. :hehe:

 

[slantednet]

[edit]

after reading OP's post again, I take back what I said... .

 

[Hostnetric]

You are really asking for trouble by registering a trademarked name. No you may not be sued, but what if you are. Can you handle the legal fees that are going to be associated with it and the outcome is most likely going to be in favor of the Company as they have the name protected. Then you have to be prepared to either pay them for court costs and damages and most likely put yourself into bankruptcy over a domain name you registered for $8.

So the question you have to ask yourself: "is it worth it"

Good Luck

Kevin

 

[scrsteven]

Thanks for the advice. Speaks volumes about my character? I register several names a week and some could incidentally be 'trademarked' without me knowing. If I ever get an email about it I'd definitely give up the name fairly.

For example, look at Vioxx.net. It's a parked page. Is the owner going to get sued by Merck?

 

[MadAboutDomains]

If they go through the trouble in Trademarking their comapany name/product, they will sure go through the trouble to get the domain name of the name they have already paid to protect!

 

[Val]

What if the domain's name is close to, but not the same?

Hello,

I've got a site name close to a registered trade mark, but it is not the same.

My site begins by "Business-.." and I received an email of a company
telling me they've got nearly the same name, but instead of the hyphen,
it is the "and" word.

So, that is the question.

Can "Business-.." be considered like "BusinessAnd" ?


After all, they could also sue the owner of Business.com, saying that
his name contains one word of their site name.

In my case, when I registered it, I did'nt know that a similar name existed
and how could I have known? There must be millions registered trade marks,
so?

So, what should I do?

And, to reply to your question, it seems you've got the same problem,
so try to make the good decision.

 

[RJ]

Hello, I was just curious about registering TM'd names, like the name of some new invention. If the company wants to get the name from you and you won't "fairly negotiate", do they ever sue for damages in addition to the transfer of the domain name (assume you just have a parked site, not adult)? Or are big companies content with just transferring the name? Thanks.

Most companies are content just getting the name back, but you can be sued for monetary damages beyond just the domain transfer.

 

[Jah]

'giving it up' for like 50 bucks (the time you spent plus reg fee)

For the record, most if not all companies coming to you saying "You registered our trademark" will not give you any money whatsoever. And if you offer the domain for money they're likely to pursue it further saying you registered the name with the intention of profiting off of their product. And they'll win.

Jah

 

[Kodeking]

I was once contacted about having copyrighted material (video clip). They just asked for it to be taken down and nothing was lost. I assume giving the domain back will be just for most companies.

 

[Hostnetric]

A name such Business is hard to trademark and make stick in court. The reason for this is that there are laws and precedence about words that are considered to be everyday commonly used terms. Since the word Business is one of these words you would have no trouble in defending and winning such a case. If they could sue you over this then they would have to sue every other company that uses the word business in their name. I am sure you can see where I am going with this.

Best thing to do is if they contact you just let them know you will forward their letter to your legal department for review and just leave it at that. They know they have no leg to stand on when it comes to general generic words and if they do not your lawyer will make sure that they do. So do not stress over this.

kevin

Hello,

I've got a site name close to a registered trade mark, but it is not the same.

My site begins by "Business-.." and I received an email of a company
telling me they've got nearly the same name, but instead of the hyphen,
it is the "and" word.

So, that is the question.

Can "Business-.." be considered like "BusinessAnd" ?


After all, they could also sue the owner of Business.com, saying that
his name contains one word of their site name.

In my case, when I registered it, I did'nt know that a similar name existed
and how could I have known? There must be millions registered trade marks,
so?

So, what should I do?

And, to reply to your question, it seems you've got the same problem,
so try to make the good decision.

 

[Element]

To avoid trouble, theres only one solution. Dont register domains with a TM.

 

[Hostnetric]

To avoid trouble, theres only one solution. Dont register domains with a TM.

This is really good advice. If you actually know it is registered.

 

[Shorty]

And yet, people still do.

Trademark/copyright cases are classed as civil, which means the resulting sanction is paying damages/compensation. This basically means absolutely every last penny you've cost the TM owner, including money you've gained from it, money you cost them, sometimes even money it cost them to take you to court (as in you pay their lawyers for sueing you).

 

[infinitomagazine]

i replied a similar question regarding trademark issue.
not all countries has same rules regarding trade mark, for example :
in my country some guy registered an international trademark, so wat happen?
one day this company came to my country and couldnt use his own name.
so this company had to use other name.

another company had same problem, this company did buy the name to a guy who had registered international company name before in my country.

 

[tsj5j]

Hello,

I've got a site name close to a registered trade mark, but it is not the same.

My site begins by "Business-.." and I received an email of a company
telling me they've got nearly the same name, but instead of the hyphen,
it is the "and" word.

So, that is the question.

Can "Business-.." be considered like "BusinessAnd" ?


After all, they could also sue the owner of Business.com, saying that
his name contains one word of their site name.

In my case, when I registered it, I did'nt know that a similar name existed
and how could I have known? There must be millions registered trade marks,
so?

So, what should I do?

And, to reply to your question, it seems you've got the same problem,
so try to make the good decision.

Well, if you did not know while registration, the penalty would probably not be high and just a letter to request you to transfer the domain.

Many companies also prefer to settle out of court, as they might have a change of losing and they need to pay a lawyer.

If they give you an option to settle out of court, I would recommend it.

 

[labrocca]

And you think vioxx.net was an accidental registration?

yeah sure buddy...