we are buying domains that are not already purchased, right? Then how URDP can grab it? Doesn't we have any consumer rights?!!!
You're not going to like my answer. But I will be honest with you. The UDRP was established to address no-brainer cybersquatting cases by canceling or transferring the domain to the complaining party even without the owner's consent. That's part of the contract with your registrar the moment you check the box besides "I have read the agreement and agree to its terms", so you might want to read that. And speaking of rights, your so-called consumer right is dictated by whatever laws will apply and your contract with your registrar. Without reading the entire thing, just look in your registrar's contract for a section there about UDRP or trademarks. However, no one has a so-called right to specifically (emphasis on specifically) use a domain bearing a trademark to make money off it. That especially applies to the ones I call uniquely famous trademarks like Google, YouTube, Exxon, etc. Think of it this way: you have the so-called right to buy a car. Now, do you have the so-called right to use that car to, say, rob a bank, steal someone's gf, whatever act that causes material harm to someone's established right for something? Like anything in life, it's got risks. Just be aware of those risks, and try to stay out of otherwise avoidable and unnecessary trouble. If you still think you have a so-called right to do what you're asking here, well...that's your call. No one's stopping you, but you might be stopped by the trademark holder if they see fit. (Ah, to be young and foolish again...miss it sometimes...)
I think I need to slightly correct what I said earlier: No one has the so-called right to specifically (emphasis on specifically) use a domain to make money off someone else's trademark without their permission directly.
That's going to bring in even more issues, especially if it's a famous brand. No company, especially big ones you maybe keep reading about unless it's established in porn, wants to be associated with anything like that. Just perhaps put yourself in their shoes, and see how you might feel about that.
It doesn't matter again. .com domain is always first come first serve basis. No matter who you are. I too have tested you real-world pros in India regarding to it, and I have won. Because it is .com world, not anyone's property. Having a Trademark of your own doesn't make you super power, powered by any Law to own everything similar to the trademark word. You are confusing domain names and trademarks. If you have registered a trademark for XXXX for your industry in the USA then you may have a claim for infringement. Registering a domain gives you no rights outside of just owning the xxxx.com domain. Just because you own the domain xxxxx.com does not mean that someone can't register xxxxx.org or xxxx.net or use xxxx in anything. If you are well established and made a name for yourself under xxxx and the person who runs xxxxx.com is trying to pass off as your business or affiliated to you, then you may have rights in passing off depending on your national laws. Just mind it, it is related to your National Law, not International Law. And there is nothing like International which are being obeyed. To run an website, you don't need Trademark registered.
The moron speaks again. It's hard to imagine that you aren't intentionally trying to sound stupid. Try researching the case of Perfumebay.com vs ebay.com. They weren't trying to pass themselves off as ebay, but their domain contained the trademark "ebay" in their domain name. They also spent over $600,000 in legal fees fighting it through the courts. Then there is the guy who registered domains like "hot5mail.com" and "ho0tmail.com". Microsoft sued him for millions of dollars without contacting him or even sending him a C&D. Registering domains like "d3ell.com" resulted in a court award of $130,000 for trademark infringement of dell.com's trademark. There are hundreds or thousands of other examples. Your claims of "testing" this and winning .... well that's just an outright lie.
What is law? Where it is given permission to kill a person too(under Section of Self Defence), you are speaking here about Trademark? Lol... Man, its about power and fighting skill to win. All you need to fight properly. You have given tons of examples. Kindly go to www.dispute.org and study each cases properly. A simple example for you: http://www.disputes.org/decisions/0133.htm Hope I don't need to tell anymore. Just answer me: Which Law has given somebody the super power of all rights of the word which is registered as Trademark? Does Microsoft owns the super power to stop all business in this world like "Microsoft Learning center", "Microsoft Training Institute" etc etc???? Come to India, you will see tons of companies like these without any interruption in their business even(domain of their business is something else). The Big BUMP to you: Why PayPal is yet not able to shut down www.paypalsucks.com? Please be specific when you post something.
I don't care what the law is in India - It means nothing. We are talking about .com domains and US law is ALL that matters. The domain can be taken regardless of where you live. "sucks" type domains can be considered "free speech" because the courts have ruled it can remove the "likelihood of confusion" i.e. people aren't going to think that a domain like paypalsucks is run by the trademark holder. Don't be an idiot and confuse someone doing something as meaning it is legal. There are people who commit crimes every day and aren't caught - no intelligent person is going to say that means it is legal. Not every trademark holder decides to take action - but every trademark holder could. PayPal could also sue paypalsucks because of it's commercial use, but you would need to ask them why they haven't. There are plenty of cases where sucks domain owners have been sued - i.e. "Lowe's v. Harkleroad"
Law varies from Country to country. PLease don't misslead. Instead of missleading or using harassing behaviour with abusive words, kindly answer to the points accordingly. You haven't answered, nor you are able to answer any of the points. Instead, you are continuing with your insulting attitude and abusive words. What you say about this-> http://www.disputes.org/decisions/0133.htm
Laws vary but country - gee, brilliant. .com are owned by a US company, which follows US law - Can you grasp that concept? Did you even bother to check who owns rbcinsurance.com? lol, the trademark holder "Royal Bank of Canada". If you lose an ICANN dispute, you can file a lawsuit to get the domain. Tell the truth, you are trying to sound stupid, right?
Check the result of the dispute of http://www.disputes.org/decisions/0133.htm again before you act smart.
Listen, I don't care who is current Registrant, but I have asked you to look at the Resolution made after dispute i.e. the result of the dispute. A domain Registrant may be changed by purchase or transfer. It doesn't mean that your Trademark Vampire sued it.
ICANN decisions are not binding. The losing party has the option to go to court. The cost for an attorney to represent you in an WIPO action is about $4K to $5K. If the losing party takes you to court, you are now looking at spending hundreds of thousands of dollars to see it through the court process. If you win, you have lost hundreds of thousands in legal fees but get to keep the domain. If you lose, you can be ordered to pay treble the other sides legal fees in addition to your own. The guy who used to own Madonna.com fought for the domain in court and spend a million dollars in legal fees. He lost the case and the domain is now owned by the singer. The facts are this: You have never been to court (at least a non-criminal one) and have no idea of what you are talking about. That is painfully obvious with every post you make. You are making a fool out of yourself. Please continue....
From which story books you use to refer these? BTW, I don't care your AS IT WAS & AS IT IS. That is final. And the topic starter want to fight. Why you are trying to make him loose before fight? Fire burns. But there are tons of people who survived burning. It matters how you fight. Be it in battlefield or in court. Kindly stop you are insulting behaviour. I am not going to reply you anymore. In fact I am not interested on your bogus & abusive talks.
Why is it that the people who always encourage someone else to spend their money on legal fees are always the dumbest posters that have no money themselves?
Not when you are talking about .com domains. The US does recognize international trademarks established in other countries under the Madrid Protocol, but that isn't applicable in this situation. Register a .com domain and you are held accountable under US law. Read the fine print when you register a domain. It says you are responsible for checking for infringement BEFORE you register the domain.
How exactly? I'm scratching my head here trying to understand what the heck you're trying to say. Yes, domains (especially .com) are first come, first served. Yes, a trademark doesn't give its holder some kind of absolute, exclusive claim over any and all other uses of the word or phrase, although there are rather certain exceptions to that. And yes, anyone can register any domain, brand or not. No one said you can't do that. What you can and can't do with that domain is essentially dictated by your registrar's agreement and applicable trademark laws. I've mentioned UDRP because that's part of your registrar's contract. It's not some international law as you intimated. But that's the administrative process trademark holders especially use if they and the registrant are in different parts of the globe, so that's like the next best thing. I should know. We'd get UDRP notices every other day in my ex-registrar life, some of which we transferred the domain from registrant to complainant if so ordered. Some parties like Microsoft and Google happen to have trademarks that are recognized worldwide, so your chances of registering a domain bearing their mark and using it w/o their permission are slim to practically none. Barring exceptions like non-commercial or fair use or whatever.