Whats the worst that could happen on a trademark domain ?

[evilopinions]

Hi all,

I have my eye on a very big brand domain which is a trademark worldwide.

Let me say that the domain is available in the extension .xyz

That company has set up a page available to people of this country on their .com domain....

meaning they have www.famousbrand.com/xyz/

can i register this domain...If yes what is the worst that can happen...can I be jailed...Can I be sued for money ?

I live in australia

 

[Peter]

Different laws apply in different regoins for example in the US the maximum penalty for cyber squatting is a maximum fine of $100,000 for each infringement and in Europe you could get a couple of years in prison.

At the least you would lose the domain name either voluntarily or via a UDRP.

 

[Castlemelody]

This has been posted recently (top of this thread I think).
http://www.youtube.com/watch?v=oGyJx_9iSO4

 

[Domainator]

You are kidding, Right???

Hi all,

I have my eye on a very big brand domain which is a trademark worldwide.

Let me say that the domain is available in the extension .xyz

That company has set up a page available to people of this country on their .com domain....

meaning they have www.famousbrand.com/xyz/

can i register this domain...If yes what is the worst that can happen...can I be jailed...Can I be sued for money ?

I live in australia

 

[evilopinions]

no am serious just yesterday google.ki was available....Though it is not google

 

[Kate]

1. Stay clear of TM names. Not a good way to start business anyway.
2. Stay away from exotic extensions. You won't get a lot of traffic (type-in)... waste of money but possible trouble

 

[DNQuest.com]

read my sig... penalties have been posted many times. It can be more trouble than it is worth.

 

[okapi]

Different laws apply in different regoins for example in the US the maximum penalty for cyber squatting is a maximum fine of $100,000 for each infringement and in Europe you could get a couple of years in prison.

At the least you would lose the domain name either voluntarily or via a UDRP.

there are some precedents? i can only find informations about Zuccarini, but it involves pornography affiliates in children typos.

i can't find examples of people fined only for parking, can anybody help?

 

[Peter]

I personally do not know of any precedents that have been set but they are the potential penalties that can be given out. If you are thinking of breaking the law you should be aware of what could happen not what usually happens. There is always the chance that you would be made an example of.

 

[Kate]

there are some precedents? i can only find informations about Zuccarini, but it involves pornography affiliates in children typos.

i can't find examples of people fined only for parking, can anybody help?

I see you are based in Germany. Here is an interesting article:
http://www.jurpc.de/rechtspr/20000228.htm
Summary:

In September 2000, a German court convicted and sentenced a 27-year-old man to 22 months in prison suspended to probation for trademark infringement in connection with cybersquatting on 22 domain names.
The Judge in the Munich court said the registration of daimlerchrysler.org and other names was in contravention of German trademark laws.

Just to clarify, parking domains is legitimate as long as you avoid names with TM issues.

 

[okapi]

I see you are based in Germany. Here is an interesting article:
http://www.jurpc.de/rechtspr/20000228.htm
Summary:

Just to clarify, parking domains is legitimate as long as you avoid names with TM issues.

Thanks, very useful text, but another extrem case (the man buyed TMs names (not typo) and tried to sell them to TM owners).

-

My problem is understanding about names with type-in traffic maybe related to some tm domains.

example: someting like ooggle/gogol/goglo, has ever been fined?

looking sales by sedo/pool, why people spend high $xxxx in tm typos?

 

[evilopinions]

also the fact that a domain may be a typo of a government site...what do you think then ?

I could own a typo of a polish government and be living in australia ? are there any laws governing that

 

[DNQuest.com]

No offense, but have you tried honest domaining of generics instead of trying to find ways you earn money using popluar names which you have no rights? Seems you are looking for loopholes to ride the coattails of famous names.

 

[okapi]

@DNQuest: we are speaking about legal issues, i don't see a reason to ignore tm typo issues. Generic domain grabbing is surely a safer way to earn money, i prefer the word "safe" much more than "honest" about domain parking, as imho a world without it would not be worse, but it's not the place to speak about ethics.

What i see is: tm typo can be fined high $xxxx, but people spend low $xxxx to buy them, are them crazy? or there is something i don't know?
I assume there is something i don't know.

 

[Peter]

What i see is: tm typo can be fined high $xxxx, but people spend low $xxxx to buy them, are them crazy? or there is something i don't know?
I assume there is something i don't know.

a tm typo can be fined more than $xxxx they can be fined $1,000,000 if found to be cybersquatting. The reason people do it is because in the past there has been little risk but a high return rate if done correctly.

Most companies will simply take the matter to a UDRP and leave it with that (which cannot give out penalties other than losing the domain).

Do it enough and eventually someone will call your bluff and more companies are getting fed up of sending out C&D's and going through a UDRP so more and more will now take the matter further. And to be honest they are right in doing so, why should a company have to go through a potentially expensive UDRP regularly only to be awarded the domain when they have potentially lost a lot of money. They quite rightly now want recompense for their losses.

 

[Kate]

Okapi: just to clarify a typo of a TM name is still a TM infringement.
A typo could be legitimate, for example if you stick to generic (non-TM) keywords. Also, some companies register typos of their own names to tap traffic...

Why do people buy TM names ? Simply to make money. But it's not without risks. Personally I would not encourage this. For one thing it gives our industry a bad rep. And you could get more trouble than it's worth.

 

[okapi]

sdsinc, peter, dnquest: we all agree that generics are better, i'm not a evil demon buying domains just for the money, i do believe in the cause.

I got a domain, maybe total misspell of a tm, with another extension, only 2 characters in common (tm is 8 chars long, my domain just 6 chars long), but i think that the type-in traffic it's due to that tm. People going in it are not very smart and they click almost every link they see.

I sleep good with it, but i wonder about the line between typo and not typo drawed by tribunals.

typo is a typo because it's a typing error or because some fool goes there each day? can 2 right and 6 wrong typing strokes domain name (with other extension too) be fined as a typo?

When i taste some domains, i find very funny sorts of misspells and i always think:

Typo, or not typo: that is the question:
Whether 'tis nobler in the mind to regg
the slings and arrows of outrageous fortune
and take arms against a sea of troubles

(TM hamlet 3/1)

As a rule i try to avoid tm typos, adult, unethic, vulgar, religious and all domains that my mom dislikes, but i'd like to understand what is safe and what is not.

 

[Peter]

by all means domains can be very similar but not be considered a type. I personally would not view a domain that only had 2 chars out of 8 as a typo. What makes you think the traffic comes from typo's?

 

[fatter]

the links that are on the name can also help a court decide between a tm typo and a generic sometimes domainers make it an easy decision with links to the obvious tm holder

 

[okapi]

by all means domains can be very similar but not be considered a type. I personally would not view a domain that only had 2 chars out of 8 as a typo. What makes you think the traffic comes from typo's?

when it's parked at namedrive i see what they type in the search box, i suppose the people there are people who aren't familiar with internet and they have no idea about other languages and extensions. the relation between the 2 names can be seen using some diachonic glottology notions and observing retards.