It is legal to own a domain named after one Brand?

Discussion in 'Legal Issues' started by aquiladibar, Jan 21, 2011.

  1. #1
    Hello,

    It is legal to own a domain name that belongs to a very large company in the world?

    Example: If i own the domain name apple.net they can sue me?

    Waiting for an answer.

    Thanks
     
    aquiladibar, Jan 21, 2011 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    It depends on the actual name and/or what you do with the domain. There is no absolute correct answer for all situations.

    Apple.net for a site about fruit = no infringement.

    Apple.net for a site about computers = infringement.

    Google.net = infringement.
     
    mjewel, Jan 21, 2011 IP
  3. aquiladibar

    aquiladibar Peon

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    #3
    Thanks alot for response.

    If i try to sell the domain it's illegal?

    I saw many cases on WiPO when the company won and get the domain without paying anything to owner.
     
    aquiladibar, Jan 21, 2011 IP
  4. MiaSucksDicks

    MiaSucksDicks Peon

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    #4
    It is a difficult question to answer since legality differs between different countries. It is also depend how much trouble are you looking for and if it is profitable if they try to come legally after you.
     
    MiaSucksDicks, Jan 21, 2011 IP
  5. kvhutch

    kvhutch Peon

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    #5
    It really depends as has been mentioned. The reason they would come after you is (1) If you're just cyber-squatting (2) If your using the site and are deemed to be 'passing off' as Apple. But if you had a legitimate site that, say, reviewed Apple products - then I think you would have a good case in retaining the name
     
    kvhutch, Jan 21, 2011 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    It can be. Some of those WIPO cases you saw might've arisen from exactly what you're
    asking, especially if the domain holder tried to "sell" the domain to the trademark owner.
     
    Dave Zan, Jan 21, 2011 IP
  7. aquiladibar

    aquiladibar Peon

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    #7
    I tried to contact the Brand by each country site but received no response for 2 weeks. Even in my country i tried to contact the company. I told them I wanted to do something that is not related to their field. Maybe after launch the website to make it known it would take from me.

    PS. Sorry for my bad english
     
    aquiladibar, Jan 21, 2011 IP
  8. AstarothSolutions

    AstarothSolutions Peon

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    #8
    2 weeks is not a long time in the legal world. My one run in with a trademark issue was a 9 month affair.
     
    AstarothSolutions, Jan 21, 2011 IP
  9. aquiladibar

    aquiladibar Peon

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    #9
    Another domain that i own is Porsche.LA . I want to create a "Porsche community forum in Romania country" . I see on WIPO one from Brasil own in 2008 Porsche.me and the company get the domain without any problems.
     
    aquiladibar, Jan 22, 2011 IP
  10. mjewel

    mjewel Prominent Member

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    #10
    The domain is trademark infringement and not worth anything. I would just drop it.
     
    mjewel, Jan 22, 2011 IP
  11. aquiladibar

    aquiladibar Peon

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    #11
    If i received an authorisation for using the domain's name for the purpouse that i would use that in the community forum, meanwhile if they will change their minds can they take it back whenever they want to?
     
    aquiladibar, Jan 22, 2011 IP
  12. Dave Zan

    Dave Zan Well-Known Member

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    #12
    Unfortunately yes. While not guaranteed, your keeping an email with their permission to
    do that might work in your favor.

    Bottom line, it depends on who you're potentially dealing with.
     
    Dave Zan, Jan 23, 2011 IP
  13. ifreakz

    ifreakz Well-Known Member

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    #13
    If i receive such a notice from WIPO.
    What are the charges that can be brought to me? Do i have to pay fee etc?
     
    ifreakz, Feb 18, 2011 IP
  14. mjewel

    mjewel Prominent Member

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    #14
    You can figure around $4K and up to have an attorney represent you in a WIPO case. While no damages will be awarded, the mark holder can also sue you for infringement (before or after) and seek damages, all income the site has generated, and treble attorney fees (if the mark is registered).
     
    mjewel, Feb 18, 2011 IP
  15. ifreakz

    ifreakz Well-Known Member

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    #15
    All these are applicable if it's civil case.
    Not if it's through WIPO right? WIPO can only ask for the domain transfer order.
     
    ifreakz, Feb 19, 2011 IP
  16. ifreakz

    ifreakz Well-Known Member

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    #16
    All these are applicable if it's civil case.
    Not if it's through WIPO right? WIPO can only ask for the domain transfer order.
     
    ifreakz, Feb 19, 2011 IP
  17. mjewel

    mjewel Prominent Member

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    #17
    Correct, but even if they win or lose, they can still go forward with a civil case - and it's does happen. If the mark holder decides to do this, then there are some serious legal fees (a full blown trial can easily run into six figures in legal fees).
     
    mjewel, Feb 19, 2011 IP
  18. marht

    marht Active Member

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    #18
    And what is you make a news site about apple thats named: applehotnews.net ??
     
    marht, Feb 20, 2011 IP
  19. ifreakz

    ifreakz Well-Known Member

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    #19
    If i don't reply to WIPO's dispute then what happens? Can wipo put civil case against me or what?

    If i want to avoid that $300 and wish the domain to get transferred to them.. then what?
     
    ifreakz, Feb 20, 2011 IP
  20. mjewel

    mjewel Prominent Member

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    #20
    WIPO does not sue, it can only order the domain transferred. The trademark holder can sue you at anytime. If you don't want to have WIPO hear the case, turn over the domain to the TM holder now and it is unlikely (but not a guarantee) that the TM holder will sue you. You can't use another companys' mark for a similar usage - I can't say it any clearer.
     
    mjewel, Feb 20, 2011 IP