it is legal to buy this domain facebookru.com

i am interesting to register a domain facebookru.com ...... to create a community website like facebook for Russia ....now my question is can it legally conflict with trade make hence if you read this domain it is just like facebookru not facebook

Your suggestion are welcome .that will make me able to decide to register this so please kindly advice me

 

Hello ironmankho,

From the point of european law, registration of facebookru.com and operating a social network thereunder (which is moreover similar to facebook.com as such) would be considered as an unfair competition conduct. Such a conduct is prohibited and you might get very easily into a legal dispute with FaceBook.

My personal assessment: 95 % for FaceBook in case of any dispute.


The same when considering the UDRP.

Mika.

 

Yeh i don't think you would be allowed that.

 

Actually, I think you may be able to. I'm not sure where the trademark facebook is located, but I assume the US. Trademarks are only good for the country they are registered in.

 

No, wrong.


"FaceBook" IS an international trademark and IS an european trademark. I have just checked the TM database and found out that it was registered by a law firm I was formerly working for : )..

And besides the trademark issue, there is still the UDRP..

 

Russia is not a member of the European Union, so most European laws are not enforceable in Russia. If Russia accepts the international/european trademark, then I would be wrong. If they are not, I am NOT wrong. I'm not sure about Russian laws, but I assume they don't care too much what the rest of the world thinks....

If Russia does not recognize these trademarks/copyrights, and you are a Russian citizen living in Russia, and the servers are located in Russia, you are good. Best thing to do would be talk to a Russian Lawyer and see what he says.

 

: ))

But Russia is a member of WIPO Tm treaty and must (or rather ought to) therefore obey the treaty

Although, I am not a russian lawyer, this all has less to do with Russian law when we are spoking about ".com" gTLD and not ".ru" ccTLD. That is what i indicated above when saying that there STILL must be considered the UDRP which is governing ".com" domain names.

What I said above is still valid My first inuput was not a complete legal assessment or memorandum. I just gave him the result (which would follow from any such memo anyway..Besides, I indicated that should it be a question of EU member state, you must take into consideration not only (i) the applicable Domain Names Policies, (ii) the trademark issues, but also (iii) the unfair competition issues that are similarly regulated within the all EU member states (due to the beautiful concept of EU law).


Hostlonestar, in principal you are right with the issue of recognizing the applicable law. Just want to say that it is not as simple as it seems to be and in certain cases (e-shops etc.) I would advise to take into account also other matters, not only the place/state where the server is hosted..

Anyway, the "domain name disputes" as such are not about recognizing the state where the DN´s hosting server is placed.


My personal assessment is still 95 percent for FaceBook. : )


Mika

 

Your servers may be Russian but the registry where you have the domain isn't. And even if it is it's still bound by WIPO. You would loose the domain anyway.

 

You are likely to get threat letters from facebook if you register, and possibly litigation. It is definitely out of bounds cybersquatting.

Note the facebook UDRP decisions from both NAF and WIPO.

 

if that facebookru domain name is ilegal why paypalsuck.com is legal or i know to many site like this hmmm im confused pls let explain somone who know more about this question

 

I wouldn't buy it. Internation trademark law is just that.. International. Facebook could easily sue. You should research how trademark infringement and domain name registrations are related and what your legal exposure would be.

 

what you thing about my new domain payoneercards.com ? is this ilegal ?

 

Assuming that paypalsuck.com was not registered before PayPal got famous business/trademark, the fact is as follows, friend: paypalsuck.com is not legal

: )...

 

bro what you thing about my domain payoneercards.com i registt it i will put blog abouut payoneer cards is that ilegal?

 

Brief research: (i) nothing indicates that Payoneer would be registered as a trademark; (ii) unless you have any economic profit (incl. adsense etc) from operation of your blog (or whatever you plan to give there) displayed under the domain name payoneercards.com, I think you are not in a trouble with "payoneer.com".

Disclaimer: I am not US lawyer (but ,yes, EU lawyer..: ). I did not check any US TMs´database right now. Did not take into account Paris Convention and protection of business names thereunder. This is not a legal advice....etc etc


Regards,

Mika

 

thanks for your help bro thanks too much cuse i didnt know this problems with domains this is my first time reading for this maybe i will put adsense but nothing else which i will profit ,and normaly i will put innfos all will be for payoner partners thanks a loot

 

The only option I could see feasible here is if you registered a company by the name of "Facebookru", but I guess considering it's so close to "Facebook" you may not have a chance at all.

Great question to ask here, hopefully you've gotten your answer.

- A

 

You may create any website under any domain providing it's content is lega, and also providing it doesn't cause a conflict with any other similar market company name.

So to answer your question, no, it is not a good idea to do such a thing.

 

that´s ok, I am glad it helped : )

 

In principle, that would not help at all, Andrew.

Business/trade names are protected by the Paris Convention (Article 8 thereof). US are bound by this Treaty too.