Ok, i am a domain reseller and always confused about this. My country doesnt have fully developed cyber law or no cyber attoerney here...(i am trying to be one in future..) any way suppose i register a name "hxhs.com" available and done....i have nothing related to hxhs (but i want it and get it) after some time there may be 1)a company name called hxhs or similar establishes in my country(not old one) In this case,can they claim right over that domain and have right to threat us..? 2)a company named hxhs establishes in some other countries ...and they try to claim for the domain... in these case what happens...? Is it limited to country's law...? or what is intl law for it? i have heard people cannot register name similar to big international companies... i am not hunter of domain...but being reseller our client wants and buys all sorts of domain and sometimes there are email about these... so just trying to be sure. thanks
A domain name is a domain name... that is it..... as long as you do not try to imitate the company in question, in the pursuit of profitable gains, then you can do whatever with it...... hxhs might stand for something totally different then what you or your client have in mind for that specific domain.. Its like saying your name is Dave, and you own specific rights to that name because its yours? No because you are not that Dave and that Dave is not you, so the name can be used freely. But copying an "identity" is fraud and same goes for the domain if you try to imitate.
by the what does the word "imitate" mean or cover here..... for eg,there is newspaper called xyz we register xyz.com and run a news site......our own news site.....so can newspaper xyz claim domain xyz.com and say u have nothing related to xyz so u should name to us....
That's a gray area, but in conclusion after a long court hearing it could go either way. You aren't using their name in this situation, but the court might not see it the same way. You could easily try to fight it.
ok then if we take this way...no domain name is safe with any one...if they cannot fight in court... esp if it is cross country thing..... plus that way if i want good domain name of my country or even outside ...one can open company in that name and start claiming domains.... may sound like joke,but i have seen in some country there are organization named google edu consultancy ....they are registered....so i bet they can claim google...
Intellectual Property rights are not something that can be explained in a few sentences, or even pages. The short answer is that you cannot have a domain name is attempting to ride the goodwill of another, or one which creates a likelihood of confusion. This means a domain does not have to be an exact match of another company. Adding some letters or numbers does not get you off the hook i.e. Microsoft45.xxx. The TLD makes no difference. There are common words that are trademarks (Apple) that have specific rights on usage - coined terms like "Google" or "Xerox" have much broader protection. Descriptive marks are generally not able to be trademark except in cases where the term has acquired a secondary meaning. It often comes down to if the other party "thinks" it is infringement, you are going to spend a lot of money in court trying to counter their claim. When I say a lot of money, you could easily be talking hundreds of thousands of dollars, perhaps more. Before registering a domain, check for prior usage. If someone else was already using the mark in a similar manner or "niche" then you could have problems. If you don't find prior use, pay a few hundred dollars for a trademark search - it's not a guarantee, but will eliminate the majority of potential problems.
There are a lot of variables that make this hard to answer with such little information, but here is a very general answer. If you register RedHotWidgets.com in 2009, do nothing with it and someone starts up a company called Red Hot Widgets in 2012, you are at risk of losing the domain. If you seriously develop it and establish prior use before this other company comes along, you are probably safe.
How even in this case...if they feel or (even create situation) that it infringement,they can claim it.... according to what mr mjewel has to say..... Do we need to have something related to name to register a domain name... means i know technically it can be done...but legal...if there are questions later... for eg can i own a website xyzbank.com though i dont have bank name xyz...legally...? what does the laws says...
Owning a domain name does not give you any trademark rights. You have to be the first person to use the mark, and continue to use it, for a type of usage. You can own xyzbank.com (assuming it isn't infringing upon someone's mark), but if it isn't used for a bank (or some type of "bank"), then you haven't established any usage rights and it can be taken down the road.