Is my domain a trademark? I need advise

[AbdulBasit.com]

Hello,

I have snapped a domain through SnapNames.com which is India-Bank(dot)com

I found one established Indian Bank with the domain Indian-Bank(dot)com

I wanted to ask if this is trademark which I own or I can easily write to Indian-Bank(dot)com asking them if they are interested in purchasing this TYPO domain?

Need some advise. If I can write, then I need to mention the word TYPO or something?

Hope to hear some experts advice soon.

Thank you
AbdulBasit Makrani

 

[Dave_Z]

I wanted to ask if this is trademark which I own or I can easily write to Indian-Bank(dot)com asking them if they are interested in purchasing this TYPO domain?

I don't know if Indian trademark law works similarly to the U.S., but getting a
.com domain name doesn't give you trademark rights. You can do what you
asked, but many trademark holders (especially banks) don't take too kindly if
solicited for a domain bearing their mark.

Unfortunately what you asked is also considered cybersquatting, which some
laws and an administrative procedure address. There's also some decisions in
which domains bearing just a letter or so were eventually transferred over to
their trademark-namesake holders.

In a word, don't. Unless you're willing to risk it.

 

[AbdulBasit.com]

Thanks Dave. I would not take risk and keep the domain until any experts here give me advise on how to go ahead for selling...

 

[AbdulBasit.com]

Any one else please...

 

[mwzd]

They won't buy it, at max even if they want it, they'll offer you reg fees for it.

The Indian IT Act is particularly prickly about 'phishing' attacks and they wouldn't even have to file a udrp to get it off you if they did complain.

That said, it is a generic, even Indian-bank would be, so if you dont try to replicate their site etc, you should be ok. Good Luck.

 

[AbdulBasit.com]

Thanks Samit

Than I will have to wait and watch if someone in future makes offer to this domain and until that time will keep fingers crossed

 

[Dave_Z]

That said, it is a generic, even Indian-bank would be

That's the thing. I also imagine it's generic, but...Indian IP experts might see
it differently, much more courts in your area?

Anyway, you're based there so you know more than me.

 

[mwzd]

Well, since they're .coms you're looking at UDRP, not INDRP :D

Duplicating bank sites anywhere in the world can get you shut down, I assume thats basic common sense.

Courts here are much the same as anywhere else methinks.

 

[AbdulBasit.com]

But I haven't made any bank site or copied their content to my site. I have simply parked it on SEDO. After parking the domain, still I can't email them and ask whether they are interested in buying it? Still risky?

 

[mwzd]

Sedo parking is considered sufficient evidence of 'bad faith' registration. Look up the various previous decisions.

I wouldn't do it if it was me.

But its your call, i'm not a lawyer.

 

[AbdulBasit.com]

Oh, I see... Then what's the best way to keep this domain in safe way other then parking at SEDO.

 

[mwzd]

Try reading up?

Tons of info in this section about that.

 

[AbdulBasit.com]

Rather reading I thought someone would let me know very clearly.

Anyhow, thanks buddy

 

[bmugford]

I think India-Bank.com is pretty generic, however if you plan to offer it to Indian-Bank.com you could open up a can of worms.

Brad

 

[AbdulBasit.com]

I think India-Bank.com is pretty generic, however if you plan to offer it to open to Indian-Bank.com you could open up a can of worms.

Brad

Oh, I see. That's sad for me as I bought it for $60 through SnapNames

 

[krishmk]

I dont think you should have a problem with this domain name.
As the other member said, you should end up with problems if you had regged "Indian-Bank". But your domain name is pretty much generic.

Perhaps you could start an informative websites about Banks in India (Loans and Credit Card info). The keyword "india bank" has 165,000 searches in March 2009 (as per adwords).

 

[AbdulBasit.com]

I dont think you should have a problem with this domain name.
As the other member said, you should end up with problems if you had regged "Indian-Bank". But your domain name is pretty much generic.

Perhaps you could start an informative websites about Banks in India (Loans and Credit Card info). The keyword "india bank" has 165,000 searches in March 2009 (as per adwords).

Thanks Krishmk. Rep added for such informative and helpful suggestion

 

[BrianOconor]

I don't feel there is strict trademark law, but getting a
.com domain name doesn't give you trademark rights. Try a bit of Google, reviews will surely help U.

 

[AbdulBasit.com]

I don't feel there is strict trademark law, but getting a
.com domain name doesn't give you trademark rights. Try a bit of Google, reviews will surely help U.

Thanks mate. If I need to search in Google so I would not have made thread up here.

 

[Corey]

You can conduct a search free of charge on the United States Patent and Trademark Office website using the Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4003:lu8r49.1.1


For more information go now to: United States Patent and Trademark Office http://www.uspto.gov/main/definitions.htm

Hope that helps

Cheers
Corey