Are these domains legal to run?

Discussion in 'Legal Issues' started by ddzc, Jun 20, 2011.

0
  1. #1
    Hi all,

    I'm looking into picking up a couple of domains and I was wondering if I would run into any legal issues...

    P.S, the examples are fictional but 100% related.

    Eg 1:

    John Smith - Hotel and Restaurant -> title
    url = johnsmith.co.uk

    The domain i'm interested in purchasing is johnsmithhotel.com

    If I own/ran the domain johnsmithhotel.com...can the site johnsmith.co.uk come after me?

    Eg 2:

    johnsresortandspa.com

    The above site was dropped and not re-registered. It was registered in 2008 and looks to be a not so well known business in costa rica. If I buy this domain and run stuff of it, can they come after me for it, even though they forgot to renew the domain name?

    Thanks everyone!
     
    Last edited: Jun 20, 2011
    ddzc, Jun 20, 2011 IP
  2. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #2
    They can if they're using those terms as a trademark, and if your use reflects those.
     
    Dave Zan, Jun 20, 2011 IP
  3. contentboss

    contentboss Peon

    Messages:
    3,241
    Likes Received:
    54
    Best Answers:
    0
    Trophy Points:
    0
    #3
    succinct and to the point, as usual!
     
    contentboss, Jun 21, 2011 IP
  4. ddzc

    ddzc Peon

    Messages:
    487
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #4
    Thanks guys,

    Well...this business was run in Costa Rica. I'll be hosting and running it from U.S. Would I be checking the trademarks in Costa Rica AND U.S...or just U.S?
     
    ddzc, Jun 21, 2011 IP
  5. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #5
    Check both. Better yet and while it's not exhaustive, do a Google search.
     
    Dave Zan, Jun 21, 2011 IP
  6. blind bandit

    blind bandit Peon

    Messages:
    84
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    This is actually no problem at all in my opinion, when you are not using the same business pattern is not a problem and please keep your good name.

    I never use the name and trademark were confirmed directly with the permission to use their trademarks, they finally refused my request and I had to transfer the domain to them.
     
    blind bandit, Jun 23, 2011 IP
  7. viadmin

    viadmin Peon

    Messages:
    39
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #7
    Well... the problem is, even if you are in Costa Rica and the TM owner didn't register their TM in Costa Rica - the domain registrar (aka GoDaddy) will cooperate with them.

    GoDaddy and any other US based domain registrar will hand over your domain to their lawyers the moment they email them the proof that the TM has been registered in US - not Costa Rica.

    This is because these Domain Registrars are located in the United States and they don't wanna end up in a legal fight over TM and pay hefty bills (there is no chance you can win this battle). Although what Registrars do, is not exactly legal because they won't check if the TM was or it wasn't registered in Costa Rica they will only look at the certificate for TM registration in the US.

    My suggestion is (if you are going to be using TM in your domain):

    1) avoid registering that domain with GoDaddy or other US based registrars for that matter.
    2) select a domain registrar that is resilient to lawyer threats and it's outside of US.
    3) make sure the TM is not registered in the country where you operate (your physical address)
     
    viadmin, Jul 5, 2011 IP
  8. Laora

    Laora Peon

    Messages:
    140
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #8
    u should check both
     
    Laora, Oct 28, 2011 IP