Is The Keyword "BitCoin" Allowed in Domain Name?

Discussion in 'Legal Issues' started by locals, Jun 26, 2017.

  1. #1
    Can a domain name with the keyword "BitCoin", or any other cryptocurrency, - THAT DOES NOT HAVE A TRADEMARK - be taken in a UDRP filing?

    Also would it help/matter if the CryptoCurrency company is located outside the U.S. and I am located in the U.S.?

    Thank you in advance
     
    locals, Jun 26, 2017 IP
  2. locals

    locals Well-Known Member

    Messages:
    1,677
    Likes Received:
    20
    Best Answers:
    0
    Trophy Points:
    153
    #2
    Okay, so... I found this.
    icann.org/resources/pages/help/dndr/udrp-en

    It says:
    "Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider."

    Then goes on to say...
    "To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links)."


    Does this mean that if there is no trademark on a given keyword then there is no issue with an individual possessing a domain name with a given term such as "BitCoin"?
     
    locals, Jun 26, 2017 IP
  3. locals

    locals Well-Known Member

    Messages:
    1,677
    Likes Received:
    20
    Best Answers:
    0
    Trophy Points:
    153
    #3
    I found the answer... In the particular case of Bitcoin, there is a trademark. But at this point in life it has been "genericized" and if this is the case for which ever cryptocurrency you are referencing - then more than likely you are free to use it, as chances are, it has also been genericized.

    https://en.wikipedia.org/wiki/Generic_trademark
     
    locals, Jun 27, 2017 IP