Hello, It is legal to own a domain name that belongs to a very large company in the world? Example: If i own the domain name apple.net they can sue me? Waiting for an answer. Thanks
It depends on the actual name and/or what you do with the domain. There is no absolute correct answer for all situations. Apple.net for a site about fruit = no infringement. Apple.net for a site about computers = infringement. Google.net = infringement.
Thanks alot for response. If i try to sell the domain it's illegal? I saw many cases on WiPO when the company won and get the domain without paying anything to owner.
It is a difficult question to answer since legality differs between different countries. It is also depend how much trouble are you looking for and if it is profitable if they try to come legally after you.
It really depends as has been mentioned. The reason they would come after you is (1) If you're just cyber-squatting (2) If your using the site and are deemed to be 'passing off' as Apple. But if you had a legitimate site that, say, reviewed Apple products - then I think you would have a good case in retaining the name
It can be. Some of those WIPO cases you saw might've arisen from exactly what you're asking, especially if the domain holder tried to "sell" the domain to the trademark owner.
I tried to contact the Brand by each country site but received no response for 2 weeks. Even in my country i tried to contact the company. I told them I wanted to do something that is not related to their field. Maybe after launch the website to make it known it would take from me. PS. Sorry for my bad english
2 weeks is not a long time in the legal world. My one run in with a trademark issue was a 9 month affair.
Another domain that i own is Porsche.LA . I want to create a "Porsche community forum in Romania country" . I see on WIPO one from Brasil own in 2008 Porsche.me and the company get the domain without any problems.
If i received an authorisation for using the domain's name for the purpouse that i would use that in the community forum, meanwhile if they will change their minds can they take it back whenever they want to?
Unfortunately yes. While not guaranteed, your keeping an email with their permission to do that might work in your favor. Bottom line, it depends on who you're potentially dealing with.
If i receive such a notice from WIPO. What are the charges that can be brought to me? Do i have to pay fee etc?
You can figure around $4K and up to have an attorney represent you in a WIPO case. While no damages will be awarded, the mark holder can also sue you for infringement (before or after) and seek damages, all income the site has generated, and treble attorney fees (if the mark is registered).
All these are applicable if it's civil case. Not if it's through WIPO right? WIPO can only ask for the domain transfer order.
All these are applicable if it's civil case. Not if it's through WIPO right? WIPO can only ask for the domain transfer order.
Correct, but even if they win or lose, they can still go forward with a civil case - and it's does happen. If the mark holder decides to do this, then there are some serious legal fees (a full blown trial can easily run into six figures in legal fees).
If i don't reply to WIPO's dispute then what happens? Can wipo put civil case against me or what? If i want to avoid that $300 and wish the domain to get transferred to them.. then what?
WIPO does not sue, it can only order the domain transferred. The trademark holder can sue you at anytime. If you don't want to have WIPO hear the case, turn over the domain to the TM holder now and it is unlikely (but not a guarantee) that the TM holder will sue you. You can't use another companys' mark for a similar usage - I can't say it any clearer.