International Trademarks

Discussion in 'Legal Issues' started by lopes, Jun 16, 2010.

  1. #1
    How do I search for international TMs?

    I tried http://www.wipo.int/ and http://search.usa.gov/ so far.

    Let's say a register a .com.br version of a famous .com to monetize with parking, does the owner of the .com has any rights over my domain, in case he only holds a US TM?

    Please no lectures, the morals aspects are my problem.
     
    lopes, Jun 16, 2010 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    There is no easy way to do a complete search for a trademark on your own - there are companies that can do it for you for several hundred dollars and up. In the US and other places, common law marks do not need any registration. There is also the Madrid Protocol where other countries honor marks from each country. ICANN is a US company that follows US law. If another company is using a mark, and you attempt to ride their goodwill, it is trademark infringement, period. The domain can be taken in a WIPO and/or you can be sued for damages and all money the site every generated. If it is a registered mark, they can seek treble their legal fees. There are also laws against cybersquatting which can carry a $100K fine.
     
    mjewel, Jun 16, 2010 IP
  3. IG2010

    IG2010 Well-Known Member

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    #3
    So, just a quick tip on trademarks and I know what I am talking about it happens to me.

    As long as your website doesn't sell the same products or services that an actual trademark site, law will be on your side, however, you cannot work out the SEO to divert traffic from a trademak site, you can have the same domain name (or so) but it must definitly sell something different, then it will pass the trademark law
     
    IG2010, Jun 17, 2010 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    Wrong. Try registering "MicrosoftTechSupport.com" and then use it to sell t-shirts. We'll see how long it is before you hear from Microsoft legal.
     
    mjewel, Jun 17, 2010 IP