Non U.S. Domain in non U.S. Extension

[ekal]

Hi All

Can I run a hypothetical example by all of you...

1) I hold a domain name that is big overseas and I have it in another extension. For example: I have naukri.cn. Naukri.com is India's biggest jobsite.
2) Naukri.com and Naukri are US trademarked.
3) We're based in the U.S.
4) the domain is not parked nor do we attempt to sell it to the TM owner

Whats the legal status of naukri.cn?

 

[seeker]

I am not a lawyer, so take this as a mere opinion.

I would assume since YOU are based in the US, were the trademark is valid, then there could be a case brought against you.
However, getting a .cn name back might ne be as easy for the TM holders.
It does faciliate them that you are based in the US though.

The fact that the domain is not being used whatsoever might give you some points, but unless it actually means anything in Chinese, why would you have regsitered in the first place?
This could get you a bad faith reg clause.

 

[Robert Allen]

PM sent.

Robert

 

[ekal]

Did someone mention theres domain lawyer on the site who might offer a definitive opinion (paid or unpaid)?

 

[fonzie_007]

Before I go into another legal mumbo jumbo, my first question to you is if you are not parking the domain and have no intention of selling the domain to the holder of the TM, what are you doing with the domain? Are you looking to sell it to another third party?

 

[ekal]

Yes - relying on a hunch that the company will come looking for it in months/years to come.

 

[fonzie_007]

I think you've answered your own question then as what you posted in #4 is not entirely true.

4) the domain is not parked nor do we attempt to sell it to the TM owner

Read this: http://www.nd.edu/~pbellia/cyberlaw/Chapter4/TrademarksandDomainNames.pdf

(the second row from the bottom... "intent to profit" being the key words)

 

[ekal]

No file there unfortunately

Ok - thanks. This is a domain I'm thinking of purchasing and you seem to have confirmed my hunch is it is probably a little too far on the wrong side of domaining grey areas.

 

[Robert Allen]

No file there unfortunately

Ok - thanks. This is a domain I'm thinking of purchasing and you seem to have confirmed my hunch is it is probably a little too far on the wrong side of domaining grey areas.

I just loaded that pdf with no problems btw. and i would IGNORE all emails going to your account. It is stupid that big companys attack small business people like you and I for bad faith.

Robert