.mobi/.com: TM, Hijack, CybrSquat Laws

[ewest]

1. I assume that the same .Com laws related to protecting legit TM holders applies to .MOBI squatters. Is this a correct assumption?

2. Assume my business is ABCD (just a example), and I am registrant of www.ABCD.com, and today I got to register www.ABCD.mobi, but find that the www.ABCD.mobi has been registered by someone else.
Question: DO I HAVE full rights to www.ABCD.mobi, or do I gave to go to WIPO to complain first and then prove (something, which I am not sure what)??

3. The current registrant of the www.ABCD.mobi emailed me that the .mobi Authorities had given me a first chance to register the .mobi version of my website before they allowed him to register it. But I had not done it at that time (I don't remember nor did I understand what .mobi was).
Question: Have i lost my "rights" to www.ABCD.mobi?

4. Is WIPO also the .mobi authority?

Can someone with a law background or specific experience answer this?

Thank you in advance for your time.

 

[bluesman]

1. Does the same .com law related to protecting legit TM holders apply to .mobi squatters?

No, all such laws apply only to the bald rock star known as Moby.

2. Can I lose my rights to the .mobi version of my website?

No, such rights will be held in trust for you by the rock group Moby Grape.

3. Is WIPO also the .mobi authority?

No, that would be a great white whale, whose name I forget right now.

 

[Dave_Z]

DO I HAVE full rights

It's one thing to believe one has some cosmic right to something else held by
another, it's another to enforce that belief. Why do you think you have rights
to it to begin with?

WIPO is accredited to resolve .mobi disputes.

 

[ewest]

It's one thing to believe one has some cosmic right to something else held by
another, it's another to enforce that belief. Why do you think you have rights
to it to begin with?
.......

Hello Dave,

I am trying to learn - to understand the nuance.
Reading other posts, I now understand that:

- if I was a big company or if I had invested monies to build a brand or trademark like say SONY then I would have rights to SONY.mobi, even if I had not registered it earlier. That is, if someone registered SONY.mobi, then he would be a cybersqautter and he would have to relinquish the SONY.mobi.

- however, if I am a local business like say JoeLockRepair, without a global brand or trademark, and I own JoeLockRepair.com, then I cannot ask someone who registered JoeLockRepair.mobi before me to give it to me; he is not even required to sell it to me (regardless of what I offer).

If you have a minute, can you please confirm if my new understanding is correct?

Thank you.

 

[nrmillions]

Just because you own a .com does NOT mean you have the right to the same name in every single extension including .mobi as long as the name is generic. Such as if you owned Books.com. If it is a TMed non generic name, such as Google, then you DO have the right to it in every extension including .mobi even if you didnt register the mobi during the TM registration period. That period was not the law it was just a way for TM holders to register their names without having to deal with the mess of cybersquatters at the same time. If it is a generic word that also contains TMs like Apple, then anyone still has the right to register it in any extension but would not be allowed to use it for anything having to do with computers, music, mp3 players, phones, or other areas that apple has a TM for using that name. For example it would not be illegal for me to own apple.net or apple.mobi since apple is a fruit and generic dictionary word.

Also keep in mind that companies dont have to actually register a TM with the USPTO to have a TM. If you own JoeLockRepair.mobi , which is obviously not generic,and are not running a lock repair business on it, and someone is running a business on JoeLockRepair.com then the .mobi person probably registered in bad faith and would lose the domain even if JoeLockRepair.com did not register the TM.

 

[Dave_Z]

If you have a minute, can you please confirm if my new understanding is correct?

Somewhat. :D

I'll grant this sort of thing is as esoteric as psychic phenomena. But the more
you read on the subject, chances are the more you'll better understand.

Nrmillions gave you some few things for starters. Without wanting to possibly
cause information overload, I'll add that you possibly have a cause for action
if: A) you can demonstrate trademark rights, and B) you can demonstrate the
registrant of that domain name has a "bad faith' intent to infringe A.

A few months ago, there was a person at another forum selling hacked copies
of an internet marketer's software at a considerably much lower price. And his
reason: he believed it was his right to help other people buy it cheaper since
they couldn't afford the marketer's price.

The marketer got wind of it and modified his software to prevent those other
buyers from being able to use them. That forum member was later banned.

The things some people do merely because they believe they have some kind
of "right" is sometimes amazing...and sometimes dangerous.

 

[ewest]

Thank you NRMILLIONS and DaveZan for taking the time to educate.

I have a better understanding now. Best regards!