Issues about Trademark domain names

[Malaysia]

I am new to domain names investment.Here to know more about trademark domain names like. cocacola.com usana,com etc.. IF the company has trademark their brand they can just take the domain name away from us although we registered it ..is that so?thus domains which are trademarked are of no value?

 

[peter phillips]

To an extent I would say yes. If you register a trademarked domain it may be considered as cybersquatting which generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit. The actual act of buying unused or abandoned domain names is not tecnically illegal but using the domain name in bad faith is.

In case of cybersquatting, the company can either sue to get their domain name and possibly some money damages under a 1999 federal law known as the Anti-Cybersquatting Consumer Protection Act, or they can initiate arbitration proceedings under the authority of the ICANN and win the name back without the expense and aggravation of a lawsuit.

 

[Malaysia]

To an extent I would say yes. If you register a trademarked domain it may be considered as cybersquatting which generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit. The actual act of buying unused or abandoned domain names is not tecnically illegal but using the domain name in bad faith is.

In case of cybersquatting, the company can either sue to get their domain name and possibly some money damages under a 1999 federal law known as the Anti-Cybersquatting Consumer Protection Act, or they can initiate arbitration proceedings under the authority of the ICANN and win the name back without the expense and aggravation of a lawsuit.

so its no use registering a trademark .com at all? even though at no use? like example i have cocacola.com.i registered it, but since they have trademark it they can just get it from me without paying me ..is that so?

 

[godinu]

yes, a company can take a trademarked name away from you even if you registered it, if ICANN (the Internet domain name legal authority) rules that you registered it in "bad faith." Bad faith means you have no real reason to have that name, and obviously Coca-Cola does, so if they were to go to ICANN about it, you'd lose that name.

 

[peter phillips]

so its no use registering a trademark .com at all? even though at no use? like example i have cocacola.com.i registered it, but since they have trademark it they can just get it from me without paying me ..is that so?

Chances are you will have TM issues and a court case/lawsuit will be filed against you if you use their trademark in bad faith or intend to sell it at a high price because of the goodwill involved in the trademark of the company. TMs are to protect a company from people from profitting off of their hard work. If you register cocacola.com and intend to do a business similar to Coca Cola using that name, you're making money off of Coca Cola's TM. So in short you are a cybersquatter and as a result you may loose the domain, face a lawsuit and a possible fine.


Hope this helps

 

[fonzie_007]

Some people try and reg names like cocacola.com just to make money off ad revenue; however, I don't think it is worth it myself. The company can sue you for every dime you made off the domain and possibly even get damages such as lawywer fees and punitive damages.