Legal issue....

[peter phillips]

I have a question for you guys, Say if names like Microsoft, IBM and Intel are available in other extensions like .net, info or .biz and if a person registers one of them, will the particular company take legal action against him? I feel that if names like these are available for registration then there shouldn't be a problem. What do u think?

 

[Dave_Z]

If you check especially the threads in the legal section, you'll find the answer
can be a big "YES!".

 

[equity78]

interesting if intel.biz is avail YOU feel that should be ok to register? I guess since it isn't your tm, work or IP WOW

 

[redz]

their is a high percentage in which you will have tm issues and a court case/lawsuit will be filed against you. for more refrences visit the legal issues section

 

[DomainSage]

removed

 

[tajimd]

Dont register those TM domains. Its always possibility that u might face nasty letters and law suit.

 

[dev99]

YES, big trouble.

 

[gazzip]

Hi - Not worth the potential trouble IMO plus it also contributes to giving the domain resale industry a bad name :td:

 

[DNQuest.com]

If you were running a business that just sold Intel chips, contacted them to make sure it was OK, then registered intel.biz ... You might be OK

All the best

Richard

Um, guessing on a legal issue is never ok to post. I'm not trying to be mean here, but if you register a domain with Intel selling Intel products, you are making money off of Intel's TM. That is a text book cybersquatting. TMs are around to to protect a company from people from profitting off of their hard work.

So in conclusion, you would be a squatter, lose the domain and a possible lawsuit of all monies earned and a possible fine of $100,000.00

PS- I don't want to even hear "well if I asked thiier permission, will it be ok?" TM holders will almost never agree to let a person not associated with the TM to profit from thier TM.

 

[WuLabsWuTecH]

sometimes if you have a legitimate use for the doamin it is ok, but usually these will not be big name companies. microsoftsucks is acceptable but not microsoft.weirdext

 

[DomainSage]

Sorry for the misunderstanding Philip, I decided to remove my posting in case anyone else took it that way as well ... Coulld you also remove the quote ?

All the best

Richard

 

[OK]

I don't like this law, its so bad. Can't i just register a TM that is the same as some decently large site and sue them?

 

[bluesman]

I don't like this law, its so bad. Can't i just register a TM that is the same as some decently large site and sue them?

No, because that's one of the few remaining things we domain owners have left, legally speaking:

If you already own a domain name, a company in the future who later files for a TM on it can't touch you. They may easily be granted a TM per se, but they can never go after you or your domain name website - because you were there long before them.

(Just make sure you don't do things like infringing on any of their product names on your site, or linking to their direct competition, of course. Nobody should ever get overconfident and press their luck.)

 

[ttu_soko]

No, because that's one of the few remaining things we domain owners have left, legally speaking:

If you already own a domain name, a company in the future who later files for a TM on it can't touch you. They may easily be granted a TM per se, but they can never go after you or your domain name website - because you were there long before them.

(Just make sure you don't do things like infringing on any of their product names on your site, or linking to their direct competition, of course. Nobody should ever get overconfident and press their luck.)

To add to that, it comes down to the concept of PRIORITY in trademark applications. Whoever is said to have used a mark in commerce first will be given priority regardless if they filed an trademark application or not. HOWEVER, you cannot register a mark or domain and just "sit" on it and claim ownership to it, the USPTO office wants to see the trademark in use or an "intent to use" that mark or name, or you would lose rights to the person who wants to actually use the mark.

 

[Dave_Z]

I don't like this law, its so bad.

Whether a law is good or bad depends on what side of the fence you're on.

Try to think about it on both sides. That may give you ideas how it's like.

 

[bluesman]

...you cannot register a mark or domain and just "sit" on it and claim ownership to it, the USPTO office wants to see the trademark in use or an "intent to use" that mark or name, or you would lose rights to the person who wants to actually use the mark.

You're totally correct about the TM requirement. Just as the human body needs exercise in order to prevent atrophy and death, so it is with TM ownership - usage equals power.

But in the case of domains, no - there is no such similar requirement. You don't have to "exercise" it (creating and promoting websites designed regarding it, etc.) on any regular basis, nor do you have any other specific responsibility to it. (Except of course for keeping the contact info up to date, and paying the annual registrar renewel fees.)

 

[AdoptableDomains]

If it's not a generic term, stay away or be prepared to lose it as well as maybe time, money, and reputation.

If it's a generic as well as a TM term, you have a shot, but be prepared for a legal battle to keep it, and definitely don't use it for the same purpose as the TM owner if that can even be done.