Domain Primer/Trademark vs Domain

[nametrekker]

Excuse my domain-savy deficiencies ---

if an entity already has a trademark and is using this mark in commerce, can this entity seize the domain (URL) from an individual/entity that is sitting on the domain --

for example - let's imagine OMEGA COMPANY already has the trademark of "MOXIS--and OMEGA is the only entity that owns the trademark MOXIS - and it is obviously using MOXIS in commerce -- what does OMEGA have to do to get www.moxis.com from a person/entity that owns the URL but is not using it - BTW - OMEGA has been using Moxis for 2 years -- on website, brochures, product labeling, etc - and now wants the domain name --

interesting in hearing the arguments from both sides:

1) OMEGA
2) the owner of URL www.moxis.com who regsitered the domain years ago, but has never used it

BTW - Moxis, again is fictitious -- and just a neologism to use as an example

Moxis could be moxie movis,, etc

thnx

 

[Jeanco]

Well if they owned the domain before the trademark was registered and before any judge would say the trademark was "famous" then you'd be out of luck - you'd have to buy it for whatever the owner wants you to pay.

 

[Dave_Z]

Can? Yes.

Will? Hard to say without all the details.

But if we're to use the detail you supplied about the current owner not having
used the domain since registering it, the trademark party could use either the
UDRP or ACPA to get it. If the TM party especially uses the latter and the
current owner doesn't have the time and money to defend it, well...

 

[nametrekker]

Thanks ---

 

[eclectro]

IANAL, but it partly depends what you use it for. If Omega company uses it to sell moxis "gear parts" and you do the same, then you would have a problem. However, if you use it to sell moxis "party supplies" then, you wouldn't. But if OMEGA corp did not like it for any reason they could take you to court, in which case you have to pony up the costs of defending yourself. In the domain biz, sometimes OMEGA corp wins, sometimes it doesn't. But you still have a hassle on your hands. YMMV and I AM NOT A LAWYER and this is not legal advice.

One guy tried to mount a defense by himself as he did not have the money for a legal campaign, but it was an emourmous hassle. He eventually won with the help of a lawyer who donated his time. It does give you a very good insight to the legal system as whole, what lawyers are about, as well as some perspective;

http://www.taubmansucks.com/