Question on a Trade Mark

[donbu7]

I am new to this forum as well as a domaines and I have a few questions I hope you can help me answer them:

1.- Let´s there is a trademark and I own a name that is kind of similar let place an example twitter and the domain in question is tuiter is there a problem with the trade mark?

2.- Let´s say this domain I have it and I am selling it thru sedo? in case twitter want it will they buy it from me or is more likely they sue me for it.

3.- What happened in case they sue me? I can just give the domain to them and is over or there are more problems?

By the way I do not own the domain I mention they are just an example for this questions.

Thanks and regards

 

[AIM_DOMAINS]

Under trademark law, the first person to use a trademark in commerce is considered the owner. So if you used the name to market your products or services before the domain name registrant started using its domain name, you may be able to prevent that registrant from continuing to use the name. (To learn more about what constitutes trademark infringement, see Enforcing Your Trademark Rights in the Trademark area of Nolo's website.)

If you are a trademark holder and you want to challenge the use of a domain name, you will first need to decide on a strategy for going after the registrant. You currently have three choices:

Use the dispute resolution procedure offered by ICANN. ICANN, the international nonprofit organization now in charge of domain name registrations worldwide, recently implemented a process called the Uniform Domain Name Dispute Resolution Policy (UDRP). This administrative procedure works only for cybersquatting disputes -- that is, when someone has registered your name in a bad-faith attempt to profit from your trademark. (To learn more about cybersquatting, see Cybersquatting: What It Is and What Can Be Done About It.) Compared with filing a lawsuit, ICANN's dispute resolution procedure is potentially less expensive (about $1,000 to $2,500 in fees) and quicker (just 57 days to resolution).

File a trademark infringement lawsuit. If you take the domain name registrant to court and win, the court will order the domain name registrant to transfer the domain name to you and may award you money damages as well. A lawsuit is always an option, whether or not you pursue ICANN's dispute resolution process. (For more, see Enforcing Your Trademark Rights in the Trademark area of Nolo's website.)

File a cybersquatting lawsuit. If you take a cybersquatter to court and win, you may get not only the domain name you want, you could also win money damages from the cybersquatter. (For more on cybersquatting lawsuits, see Cybersquatting: What It Is and What Can Be Done About It.)

 

[AIM_DOMAINS]

But I assure you that if Twitter sue to you hypothetically would have two options.
+ Negotiate ( probably give them the domain )
+ Continue with the action and test that the content does not contradict with the role of Twitter.

There are more possible options . But are hypothetical

 

[donbu7]

Ok, someone is selling me a domain watsap do you think it has an infringement.? Thanks for the help

 

[WritersWrite]

Ok, someone is selling me a domain watsap do you think it has an infringement.? Thanks for the help

It depends.

What is your motivation for buying this domain and what do you plan on doing with it?

If you are planning to use the name to capitalize off of the success of the What's App messaging service, then you are walking yourself into an infringement.

If your plans are completely unrelated to What's App and will not crossover into messaging, applications, social media, or whatever other categories they cover, then it's possible that you may be in the clear.