Tamilflu.com ? is it illegal domain name ? if yes why

no they can not sue you if they want sue you they have to sue first the company whom you bought domain,they sleeping when the domain is free to buy no need to worry if they want to get this domain they have to pay you as much as u can the domain is now your property

thanks

 

tamil is a language so u just make one site for tamil people who have flu

but chances are more it is considered as typo of the tm

 

a) contact the company to verify if they did send the email
b) if they didn`t the chances are that sooner or later you`ll get one anyway since you are infringing copyright
c) why would anyone waste their money on buying Tamiflu anyway?

 

tamil is a language name and flu is an disease. BUT, even if you type tamilflu in google. it asks did you mean tamiflu and sends tamiflu as the first link. so this can be seen a domain TM infringement and possibly this could be a real letter from the company. Most sensible companies run / hire a bot to check if any infringing domains are being registered. so please proceed with caution.

 

tamiflu is the name of medicine created by Roche for Swine Flu - however you have a domain name TAMILflu which is confusing - but not yet trademarked by Roche.
Ofcourse if you are a resident of Tamilnadu (India) - it would be in your favour based on your geography else seek legal opinion before you go the UDRP way (where chances of your loss are high - registering in bad faith with a name confusingly similar to a trademark)

 

Why do you think the trademark holder has to sue the registrar first, rather
than the OP? Moreover, why do you think they have to pay the OP for that
domain name if they have (possibly) an enforceable claim and no obligations
whatsoever to him?

Good for you if you're right. But if the OP did exactly what you said, then is
held legally liable by Roche, what are you prepared to do for telling the OP a
bunch of things that turn out flat wrong?

It's easy to tell others what to do, considering no one else but the OP will be
directly affected by this. Typical.

To the OP: why did you register that domain name to begin with, considering
it closely and arguably resembles the trademark itself? While obviously you do
not have to "admit" it here, Roche will surely hold you accountable for that.

Unfortunately there's lots of legal and administrative decisions where a domain
name bearing a one or two-character difference from the trademark can be
seen as trademark infringement. Search for Google's domain-trademark dispute
cases as an example since there's too many, but that's at the top of my own
head.

Your other problem is your domain name shows ads of...of all things...medical-
related material. Your domain name closely resembling Tamiflu, along with the
ads showing, can be used practically by Roche against you.

And no, changing the parking page to something else will not necessarily keep
you away from liability. There's cases of some people who did that, and they
were held against them too.

Speaking of accountable, we are all accountable for what we all do in the real
world. If we don't watch what we're doing, someone else might do that for all
of us...and we might not like it.

It's nice to post an opinion on what one thinks should happen. However, what
one thinks and how things happen outside this forum don't always accurately
match.

For those about to post here to offer an opinion, you might want to think long
and hard about this whole thing as what you say might be wrong. Anybody in
here who likes being told what's actually untrue?

 

I just read over the PerfumeBay case. That is beyond what I ever thought could happen in a trademark lawsuit.

 

Not illegal, but if evidence of bad faith exists, you may still be sued. Read below:



Interstellar Starship Services Limited v. Epix, Inc., 184 F.3d 1107 (9th Cir, July 19, 1999)

Defendant Interstellar Starship registered and used the domain name epix.com to publicize a theater group performing the Rocky Horror Picture Show. Plaintiff, Epix, Inc., a circuit board and computer program manufacturer owns the federally registered trademark Epix. While the trademark was found to be valid, the court determined that the use by defendant did not infringe on the plaintiff's trademark because the required element of likelihood of confusion was missing. The court emphasizes that the relevant likelihood of confusion "is confusion that affects the purchasing decisions of actual or prospective purchasers of the products of Epix, Inc." Additionally, the court indicates that the "law does not per se prohibit the use of trademarks or service marks as domain names. Rather, the law prohibits only uses that infringe or dilute an owner's trademark or service mark." While there was no evidence of bad faith, the court emphasizes that intent is not necessary for a finding of likelihood of confusion.

 

I received a similar letter for t a n i f l u .info
The domain was parked with no visits so I pushed it to them (I have paid it $1 on godaddy).
I think Trademark Department has not too much job ...

Dear Sirs
 
Your address has been quoted as contact of the above domain. We, F. Hoffmann-La Roche Ltd., Basel/Switzerland are the owners of the worldwide rights to the trademark TAMIFLU®. We consider the above domain as clearly infringing our trademark rights. Therefore, we are asking you to confirm that you agree with the transfer of the domain name
 
[B]t a n i f l u .info[/B]
 
to Roche. In case we have no according confirmation and do not hear from you until  7th July 2009, we shall take legal steps.

Best regards
....
Trademark Manager
 
F. Hoffmann-La Roche AG
Trademark Department
Bldg. 654/717
4070 Basel , Switzerland
Phone: +41 61 68 82036
Fax: +41 61 68 83003

Code (markup):

 

No, they have special systems in place to check to see if their TMed domains are being registered or not.

This is clearly a domain registered with the tamiflu in mind. My suggestion would be to not ask for compensation or whatsoever. Just hand over the domain and be glad that you only lost $10 and a few hours of worrying.

 

as far as i know Tamiflu is kind of medicine for ah1n1 and h5n1 flu.
it is well distributed in Indonesia by the government.
But i never heard bout Roche as u mentioned before.
gud luck with that..

 

Roche is the company manufacturing that medicine.

 

Atlast what happened to TamilFlu ?

 

Pushed to roche as you can see from whois:
Domain Name: TAMILFLU.COM
Registrar: DYNADOT, LLC
Whois Server: whois.dynadot.com
Name Server: HLRNS1.ROCHE.COM
Name Server: NS1.ROCHE.COM

 

This is a stupid case, how about thepiratEBAY.com or the tunEBAY.com?
Are there any justice in to this? Is this really how the US Law works?

 

Sad to hear this.

 

There is a way.

If you register the domain for focusing the region called TAMILNADU, LOCATED IN INDIa. then there is no way they can take this domain away from you.

TAMIL is language of india, and tamil people are very famous in india.

You can defend this domain if you are trying to create a informational site for Tamil people educating about flu.

 

This is actually funny than sad. just make a site about tamil flu prevention and don't mention anything about their product they will not get the domain name. they are two different names! if that was the case why Honda didn't sue Hundai for copyright infringement since there's similarities. sony and sanyo etc
don't give it away. tell them it's about the flu in tamil and got nothing to do with you swine flu. You can wish the guy who emailed you the real flu if you feel like it.