I've recently received a notice from a company

[tim ericsson]

I own a domain registered in 2005 and I've recently received a notice from a german company saying that they own the trademark that is the domain name. So I've confirmed with USPTO database search, there's not any such trademark applied/registered, so i checked in their countries (germany) tm database site and find that they filed trademark application in 2012 and got registered trademark in 2015 .
Does the UDRP apply if I'm not the germany resident? For example, the trademark is registered in the germany, but I (the owner of the domain), live in a different country, where the trademark is not filed. Is the domain legally theirs?
Does the UDRP apply in this case ? am I infringing on their trademark by owning the domain? What should I write in the reply mail ? Please help.

 

[decades80]

I am not an expert, but have been already in UDRP decision because of Italian Phrase I thought it was generic and registered domains exclusively according to search volume. I didnt have a lawyer, but wrote a strong reply and prove them in my reply that their TM is not that famous as they think in my country and did a case study in addition with the help of Google keyword Tool.. So actually you can reply even without a lawyer and free of charge. This Italian insurance company in mediation process actually drop off the UDRP case (500 USD fee only) and paid for a domain

 

[ZapNano]

I am not an expert, but have been already in UDRP decision because of Italian Phrase I thought it was generic and registered domains exclusively according to search volume. I didnt have a lawyer, but wrote a strong reply and prove them in my reply that their TM is not that famous as they think in my country and did a case study in addition with the help of Google keyword Tool.. So actually you can reply even without a lawyer and free of charge. This Italian insurance company in mediation process actually drop off the UDRP case (500 USD fee only) and paid for a domain

Well, I acknowledge you for speaking up for yourself. Doing that alone, makes you a big winner; regardless of the outcome. Congratulation!

 

[decades80]

Thanks for that. Actually I argued Occam's razor in domaining . You have 14 days to respond, so enough time to analyze the text in details and argue at each paragraph. This was my second case. The first one was at UK, cause Ive registered Typo of enterprise.co.uk and even when full of TM violation ads in mediation process the Enterprise Holdings bought it from me...

 

[ZapNano]

Thanks for that. Actually I argued Occam's razor in domaining . You have 14 days to respond, so enough time to analyze the text in details and argue at each paragraph. This was my second case. The first one was at UK, cause Ive registered Typo of enterprise.co.uk and even when full of TM violation ads in mediation process the Enterprise Holdings bought it from me...

Oh, keep on winning

 

[decades80]

Yeah, I actually didnt register the domains in bad faith and when I am able to prove it, everything is fine. In both cases I stopped the ads immediately, because I didnt want to be ignorant. Anyway it was my mistake that I havent checked the TMs. But I guess all the process depends on the TM holder. I just wanted to add even when it comes to an UDRP, you have a chance to respond free of charge and you have nothing to loose. But it depends from case to case. Some complainants would simply skip the mediation process.

 

[ZapNano]

Yeah, I actually didnt register the domains in bad faith and when I am able to prove it, everything is fine. In both cases I stopped the ads immediately, because I didnt want to be ignorant. Anyway it was my mistake that I havent checked the TMs. But I guess all the process depends on the TM holder. I just wanted to add even when it comes to an UDRP, you have a chance to respond free of charge and you have nothing to loose. But it depends from case to case. Some complainants would simply skip the mediation process.

That's about right; the only thing that you can loose, is by not saying anything. And there are some people out there that are so negative. Discouraging you for speaking up and depend yourself. ...

 

[decades80]

They have my understanding. They are afraid because eventually UDRP can evolve into something worse. So if I knew by the registration I was profiting on somebody TM I would handle them my domain immediately and write an apology letter. But some are so arrogant they even put a price quote at 2.000.000 USD and try to profit in addition from the TM holder. And in those cases its not hard to prove the presence of bad faith. But the story continues, in addition there are small amount of cases when people get actually sued on the foundation of UDRP decision for tens of thousands of dollars.

 

[ZapNano]

They have my understanding. They are afraid because eventually UDRP can evolve into something worse. So if I knew by the registration I was profiting on somebody TM I would handle them my domain immediately and write an apology letter. But some are so arrogant they even put a price quote at 2.000.000 USD and try to profit in addition from the TM holder. And in those cases its not hard to prove the presence of bad faith. But the story continues, in addition there are small amount of cases when people get actually sued on the foundation of UDRP decision for tens of thousands of dollars.

Just like I said on my previous opinion; about you can still respond and tell your story. And it does not have to be mean and monetary approach. It's for win win situation. If you are going to be greed and the like, they can smell you a mile away.

 

[decades80]

I would compare it to poetry. If I copied and pasted some verses of poets I am familiar with, thats stealing intellectual property, BUT if I by coincident come up with 3 verses exactly the same as of one famous poet I wasnt aware of, this actually isnt ..

 

[ZapNano]

I would compare it to poetry. If I copied and pasted some verses of poets I am familiar with, thats stealing intellectual property, BUT if I by coincident come up with 3 verses exactly the same as of one famous poet I wasnt aware of, this actually isnt ..

Ok decdes80.

 

[WilsonM]

What's the update? How did it go?

 

[Nogics Technologies]

First of all you have done a big mistake by not registering your trademark which is quite cheap in most of the countries. Secondly, If you are incorporated with same name in your country, you can put matter in your local high court as Writ petition to claim your domain. During this period, the other company will have to stop proceedings as the matter is sub judice.