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Holding trademarked domains

Discussion in 'Legal Issues' started by droodl0l, Jan 11, 2016.

  1. #1
    I wonder what's the case when you have a domain like ebay.kr.
    Can the company who owns the trademark actually force you any way to give them the domain
    and if so how is it done or it's yours, cannot be taken away and you can make them pay a
    large sum for it?

    "What should I do if I have a domain name trademark dispute?
    If you have a complaint about registration or the phrasing of a domain name (as opposed to content displaying on the associated website), you can contact the domain name's registrant, or file a UDRP claim or court proceeding. ICANN regulations, as well as our policies, prevent us from arbitrating domain name disputes."

    So that would mean if they want the domain they would have to go through the court system of whatever country the domain belongs to to be able to get it, probably would have to fly there rent hotel, pay the legal proceeding etc. Good enough for me :p
     
    Last edited by a moderator: Jan 15, 2016
    droodl0l, Jan 11, 2016 IP
  2. malky66

    malky66 Acclaimed Member

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    #2
    malky66, Jan 12, 2016 IP
  3. InWebKart

    InWebKart Peon

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    #3
    Let me explain with an incident of the past. We were a reseller of a registrar and one of our customer was holding a google-some-service.tld . One fine day, Google directly contacted my registrar and took the domain directly from them. They did not waited for my permission or my customer's permission.

    I think most big companies hire third parties like "Mark monitor" to claim their trademark domains. If we literally take your example: Ebay is already protected by Mark monitor inc and the moment they know you own some ebay.tld they will take it from you (your registrar will comply and co-operate with them)
     
    InWebKart, Jan 26, 2016 IP
  4. Chris Pembs

    Chris Pembs Greenhorn

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    #4
    Cyber-squatting claims favor those with a bona fide interest in the domain name. Josh Quittner, a reporter, originally registered the domain name mcdonalds.com to measure the state of cyber-squatting at the time (mid 90s). The upshot was that he had to give up the domain name as he had no legitimate interest in it (compared to the aggrieved complainants McDonalds). Since then national and international cyber-squatting laws have developed along similar lines, with various creative rationale for favoring complainants with a legitimate interest in a domain name over cyber-squatters out for a quick buck.
    ICANN's regional registrars all have procedures in place to deal with cyber-squatting claims and transfer the domain name to the complainant with a legitimate interest in the name.
    Even if you try to dress it up, you won't fool anyone. E.g. the domain name panavision.com was registered by an individual with pictures of the town, Pana (i.e. visions of Pana). This was seen as a cynical attempt at cyber-squatting where the true intent was to subsequently sell the domain name on to the film company Panavision. The domain name was transferred to the complainant, Panavision.
    In short, don't bother, it won't make you money and it will just cause you a headache.
     
    Last edited: Feb 25, 2016
    Chris Pembs, Feb 25, 2016 IP
  5. yudi18

    yudi18 Active Member

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    #5
    May be you should look at this recent news on an incident which happened in January 2016 --> http://indianexpress.com/article/technology/social/google-reveals-what-it-paid-to-man-who-owned-google-com-for-1-min/

    It all depends on the firm whose domain you have. Trademarked domain purchase isn't illegal, however they have the money to file legal complaint against you. Small firms don't generally do that, but big ones do, as they have the money to spend on legal issues.

    But as i said it's on the person handling the case. It might be fruitful, and might be not.
    At most you will have to transfer the domain name to the firm that owns the trademark.
     
    yudi18, Mar 2, 2016 IP
  6. pmf123

    pmf123 Notable Member

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    #6
    Silly question, but if eBay don't have a trademark or site in KR, can they do anything?
     
    pmf123, Mar 5, 2016 IP