Cybersquatting or not cybersquatting ?

[John Doe]

I have few domains that are used as trademarks for a variety of products in number of countries. Tens or even hundreds of companies have these words as company name or part of company name. All other taken extensions are developed sites of different businesses. Should be no problem, if they would be generic words. But problem is, that these names are not generic - they are brandable. I`m talking about names that are similar to "Optima", "Clik" etc etc. Domains are parked and they have completely neutral keywords and links - let`s say ads are related to "domain registration" or "music downloads" while trademark owners are selling consumer products, real estate or machinery.

I want to make some questions clear and simple -

1) Is it legal to own these domains if I don`t use them in a field of operation of trademark owners?
2) Is it legal to park them that way?
3) Can tehese names be offered directly to any of trademark owners? Or would attempt to sell to trademark owner be cybersquatting?
4) What is "legal"? US, EU countries, China, India, Russia, Australia etc have different regulations. How is legal base determined for such issues - does it depend on residency of domain owner, trademark owner, registrar or anything else?

Thanks!

 

[evertonian7uk]

1) Is it legal to own these domains if I don`t use them in a field of operation of trademark owners?

Thats still a sticky area IMO, you'd have to be prepard to defend the name if the need arose, they do say you can use it if you dont infringe, however, that might be more hassle than its worth.

2) Is it legal to park them that way?
if you dont display ads, then in theory yes, however, parking it can be seen as bad faith.

3) Can tehese names be offered directly to any of trademark owners? Or would attempt to sell to trademark owner be cybersquatting?
Offering them to the TM holder is a huge no no no no no.

4) What is "legal"? US, EU countries, China, India, Russia, Australia etc have different regulations. How is legal base determined for such issues - does it depend on residency of domain owner, trademark owner, registrar or anything else?

alot of different opinions on this one, and alot of wrong infomation out there, thats one for jerry or dnquest

 

[John Doe]

No doubt, any of TM holders can make a claim of trademark violation. But what is the situation, if any of them will claim for domain ownership? Is it possible under such circumstances?

 

[Dave_Z]

Sure it is. Given this thing's inherent complexities, there's not necessarily any
surefire answer to any given question.

One thing's for sure, though: if your domain name, coupled with its usage, will
be seen as infringing a party's trademark, do expect to be challenged. There's
the Uniform Dispute Resolution Policy (UDRP) depending on the extension, and
the party can file suit in the jurisdiction where the extension is located (e.g.
VeriSign COM/NET Registry - Virginia, US).

 

[John Doe]

Thanks Dave! Repped. So, basically if I understand it right:

There should be no problem if I

1) register and own such domains
2) develop or park them with content that doesn`t infringe trademark holders rights
3) list them for sale

But I get trouble if I

1) develop site or optimize parked page according to trademark holders business
2) try to sell them proactively to any trademark holders

??

 

[Name Trader]

You got it about right. But nothing is ever black or white. esp. 3) since you are aware of the trademarks already.