guide Trademark?

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Sinh

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I just bought a domain from Godaddy auction, this domain was registered before the trademark registered. Today the owner of the trademark emailed me and said that the domain is their trademark name anh wants to buy the domain with cheap price from me.

Is this a trademark domain?
What can I do now? Thank you.
 
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Another example: SPORTEKI
Google says: Sporteki.com is ranked on the first page.
If you can understand French, you should read everything on this page, especially "about us".
The next thing you can do is to check time filter. Type "sporteki", set the date filter to "Past Year" and see whats going on. I can see some relevant facebook page related to sporteki.com.
I dont understand French, but Im already in doubt someone is using "sporteki" as a trademark.
Than I check: http://www.wipo.int/branddb/en/ Brand status: Sporteki; Status: Active
The term "sporteki" is distinctive and trademark is capable of distinguishing the goods and services from those of other traders. https://legalvision.com.au/what-makes-a-trademark-distinctive/
Avoid.

Then again, "sporteki" appears to be the dictionary word for "sports" in Bulgarian, at least according to Google Translate. However, I've found that Google Translate has started including a "spell correction" feature which sometimes guesses at what the word might be, instead of giving you a direct translation when the word is not spelled correctly.

Of course, in Bulgarian, they would write it as спортеки instead of "sporteki". So if you wanted to go for "it's Bulgarian for 'sports'" you would also want to explain that it is sometimes common to phonetically write cyrillic words in latin characters. Same goes for Greek, e.g.

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-2198

The Respondent disputes the allegations of the Complainant. It points out that the word “kosmos” is a dictionary word meaning “cosmos” in many languages, and it is not exclusively associated with the Complainant. According to the Respondent, the Complainant has not proven that it had reputation at the time the Disputed Domain Name was registered, and has not established that the word “kosmos” should be regarded as exclusively or strongly associated with the Complainant in France.


One thing about trademark registration systems is that while applications are examined in the US for distinctiveness, etc., many countries simply register what is filed, and have few bases for rejecting them. In those systems, the registration merely provides public notice that someone "claims" it as their mark, but do not carry a presumption it is valid. Unfortunately, that distinction among systems can get lost in the effort to come up with policies like the UDRP, which attempt to impose some measure of uniformity on top of legal systems which are themselves significantly different. France has very few restrictions on what can be registered as a mark.

But your examples of the type of thought process one should apply are really, really great. Instead of going through this game of "I have a domain name which is kind of like (not really the domain name)", it might be a good idea to go through hypotheticals like the ones you posted, to flesh out the kinds of things one might look at in order to get a more comprehensive idea of what is going on.

And, finally, on words like "ATMOSPHERE".... yes, it can be a mark for a lot of things for a lot of people in a lot of places. That's why, if you are parking the name, you want to use a parking system that allows you to categorically define what sorts of things show up on the page. If the parking links are things like weather, climate, etc., that's good. If the parking links are coming up with things like shoes, then that might be a warning sign that there's an "ATMOSPHERE" mark for shoes, and you want to fix that parking if you notice it.
 
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