Domain Legal advice

Few day ago i run a classifieds website by the name

, today i received a email from Managing Director of

, he requested me to contact back asap regarding my website content and

....
So what should i do ? should i contact them ? Should i shut down my site ? Should i just ignore .......

Advice needed ....

 

A friend experienced a similar situation and he sought legal advice. The bottom line was it would cost way too much money to defend his right to the domain in court and there is always the possibility of losing.

Since the names are so similar, it seems unlikely that you would receive a favorable judgment so I would suggest responding to them and offering to sell them the domain. This is a cheaper alternative for them as well since it would be cheaper than seeking legal assistance.

 

If the name is not a registered trademark there is absolutely nothing they can do.

 

impossible they can register Motor Trader right ?

 

Why would it be impossible?

 

i means trade mark it cause is generic, u can't register orange or apple (only on gadget but not on APPLE pie, apple fruit), so no one can use the word apple for fruit ...

 

They could register anything.. Whether is stands up is another issue entirely..

As for the email, if they offered to buy and you want to sell it, then find a price you both like.. Otherwise ignore it.. If they are serious about 'defending' their brand they'll sue you for real.. Then all you have to do is release the domain.. But until they spend the money to have a real lawyer get involved, these are just hollow threats..

 

first reply back and ask the matter is detail.

 

And pay any money damages if applicable, depending on how the OP might be
sued or so.

To the OP: there's a couple of things you ought to know. Unless I'm mistaken,
it seems both you and the other party are in Malaysia.

It's been stated like a gazillion times, but registration is not required for a TM
to exist unless said so by that jurisdiction. Some countries like the U.S. and
the U.K. allow use of the word, phrase, logo, etc. in commerce to become a
mark even without registration, although registration does give more benefits
to their potential holders.

Some U.S. cities like Philadelphia require dog owners to get a license for their
dog. If a Philadelphia-based man doesn't get one for his dog, does that mean
his pet isn't a dog?

I took whatever spare time I have to search, and here's what it appears your
local trademark office defines a trademark:

http://www.mipc.gov.my/index.php?option=com_content&task=view&id=16&itemid=17

And from Motor Trader Malaysia's site:

http://www.motortrader.com.my/Terms_of_use.asp

Now this is just an unqualified layperson's opinion, but it seems...seems...that
the other party is using the words as a mark for an online magazine regarding
cars. It's true one can't use a generic or common word as a trademark for its
generic or common definition, but it can become one if used to "distinguish the
good and services of one trader" in its distinctive sense.

The keyword there is distinctive. And again, it seems that's what the party is
doing here.

It's debatable whether they indeed have a trademark or not. But that's solely
for the Malaysian intellectual property experts to decide...short of the party in
question filing a dispute in whatever applicable resolution system.

It's probably not an issue for you if you can afford losing the domain and face
any potential penalties should you ignore it, they proceed, and you're not in
their area. But that's up to you to decide.

OTOH, that letter you got is quite polite. It doesn't even suggest you hand it
over, although other people could always interpret it that way.

If you're not confident handling it yourself, then seek advice from a trademark
lawyer in your area and/or, perhaps, that in Malaysia. No online forum is going
to authoritatively tell you what to do, though you can take whatever value
you want from this and decide on your own what your next move will be.

 

Thanks, seeking my adviser this coming Wednesday, sad case

 

Why don't you just call them and see what they want ? Get the phone number, call the guy direct and get right to it. At the end of the conversation, tell him you will get back to him, and then come on here with some information and ask.
Right now it's all speculation because you have no idea what he wants.

Check the trademark, if they have it be prepared, if they don't..be prepared. If you knew, and still registered the domain, hoping to grab a little traffic in the confusion from surfers...well the jig may be up, but at least contact them and see what the situation is.

 

Hello Motor Trader is generic keyword and excellence for google search (read above post)....

 

Generic for what, though?

Probably a common misconception around here is a generic word is generic for
any description. A word you probably see, read or hear every other day is not
generic for whatever scenario other than what it's normally defined or known
for by many people around.

The words shell, tide and apple are generic for the mollusk, the waves and the
fruit. But are they generic for oil, detergent and computer products as lots of
people see and/or buy every other day somewhere?

Don't make that mistake countless others have, especially if someone has put
in a lot of money to market that product or service and is successful at it.

 

Yes you right, Motor Trader = Me, i'm a register and certify Motor Trader in my country ....

 

But you can't just stick a flag in something and call it yours if another company has already branded their business with it.
All we are saying is to check the standing of this term in relationship to this company so that you will know where you stand legally.

If you just stick with the attitude that "I found it so it's mine." you are going to get destroyed by Lawyers who will make your life miserable just for wasting their time.

 

this seem confusing and complicated. i suggest seeking a lawyer if u wanna protect ur domain.

 

case already bring in to wipo
let see how it turn out
my case is very similar to whatcar trademark issue, so hopefully the result will turn out positive

 

you could give him the domain for some cash

 

cause they nvr offer and i can't offer (this consider bad faith) hahahah ..

 

If you are already in WIPO action then stop posting her about it unless you want this thread to be used as evidence against you.