My domain violates trademark name?

Discussion in 'Legal Issues' started by Jalpari, Feb 10, 2010.

  1. #1

    Will they email me to surrender my domain to them, do part of my domain violates their trademark name.

    Love to hear any suggestions :rolleyes:
     
    Jalpari, Feb 10, 2010 IP
  2. stephenc

    stephenc Peon

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    #2
    They have to take you to court or some other process.
    They cannot just take the domain. Unless you just relent and
    let them have it. But even then they still have to go through
    the process of owning the domain.

    If you are a photo sharing site as well, they may have a good
    case.

    If you are not photo sharing, and have a strong use for it, they
    will probably lose.

    Stephen C
     
    stephenc, Feb 10, 2010 IP
  3. Jalpari

    Jalpari Notable Member

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    #3
    I do not have photo or video sharing site, can they take my domain :rolleyes:
     
    Jalpari, Feb 10, 2010 IP
  4. stephenc

    stephenc Peon

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    #4
    There has been a myth about "taking" domains.

    Nobody can take your domain.

    They seem to think because if the US if you are a drug dealer,
    the officers can seize your vehicle. True. But you are still allowed
    due-process.

    ICANN does not seize domains. Nobody can take your domain.

    Well, let me qualify that. Your host or registrar can. That is,
    if they convince either of them that you are doing something
    illegal, they will shut you down. Almost without cause.

    There are numerous stories in this forum and elsewhere where someone
    has complained to a host about someone ripping them off and the
    offending site gets taken down.

    That is not a seizure.

    If your host refuses to do what they want, and nothing will
    force them at this point, they must take legal action. Either in
    court, or via http://www.icann.org/en/dndr/udrp/policy.htm

    There is no taking or seizing of domains. That's your property.
    Until it's settled, your site may be down. And if they scare
    your host or registrar, they just cancel you as the owner.

    That is not taking, really. Just canceling a contract. The domain
    is not given over to the other party. They must go through the
    same process as you, buying it, registering it, etc. Although, yes,
    this process can be part of the final proceedings.

    Remember, when you registered the domain, if you read the fine
    print, it does outline all rules and regulations you must follow. If your
    registrar thinks you did not, you can lose it.

    Stephen C
     
    stephenc, Feb 10, 2010 IP
    Jalpari likes this.
  5. DubDubDubDot

    DubDubDubDot Peon

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    #5
    A Google search turns up numerous "Blue Melon" companies offering various goods and services. Take a look at those and be on the safe side by not choosing similar development.

    Registered TMs in the US related to Blue Melon and "confusingly similar" names cover plants, tobacco products and fruit. Definitely do not touch those areas.
     
    DubDubDubDot, Feb 10, 2010 IP