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Domain Discussion
Domain Name Legal Issues
Client being bullied for trademark infringement
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<blockquote data-quote="bhartzer" data-source="post: 2350244" data-attributes="member: 93963"><p>>> Let me get [USER=93963]@bhartzer[/USER] in here to see if what I am saying is accurate or if he can put it a better way.</p><p></p><p>>> He is in the area of domain protection and might be of assistance in protecting your client's domain if there isn't an infringement or if he believes my earlier post could be wrong.</p><p></p><p>Let me first say that every situation is different; there can be multiple factors (or even just one) that can influence whether or not there is an issue with a trademark and a domain. I'm not a domain attorney, so best if you seek the advice of a qualified domain attorney.</p><p></p><p>Usually, my experience has been that when a domain is registered prior to a trademark being filed or issued, it all comes down to "bad faith". When the current owner of that domain bought the domain (either by hand reg or when it expired), did that owner have knowledge of the trademark? For example, if I registered a domain in 2010 and a business was started with that name in 2015 and they got a TM on the name, there's no way that I would have known that the business would be started in 2015.</p><p></p><p>In the case where the client's domain was registered in 2009 and he has been trading since 2009, and the TM was registered in 2012, it seems to me that the client would not have knowledge of the TM being registered in 2012, as it was 2009 when they registered the domain name. There may be other arguments that the TM owner might have, such as the website's logo or the content on the website causing confusion between the client's domain and site and the TM holder's brand. However, that is an IP issue, not a domain issue.</p><p></p><p>What I recommend is that since the client has been made aware that there may be a UDRP or other legal action taken, that the client seek advice from a domain attorney. And if they anticipate that they may have costs associated with defending the ownership of their domain, consider domain protection. DNProtect is a company that provides that service.</p></blockquote><p></p>
[QUOTE="bhartzer, post: 2350244, member: 93963"] >> Let me get [USER=93963]@bhartzer[/USER] in here to see if what I am saying is accurate or if he can put it a better way. >> He is in the area of domain protection and might be of assistance in protecting your client's domain if there isn't an infringement or if he believes my earlier post could be wrong. Let me first say that every situation is different; there can be multiple factors (or even just one) that can influence whether or not there is an issue with a trademark and a domain. I'm not a domain attorney, so best if you seek the advice of a qualified domain attorney. Usually, my experience has been that when a domain is registered prior to a trademark being filed or issued, it all comes down to "bad faith". When the current owner of that domain bought the domain (either by hand reg or when it expired), did that owner have knowledge of the trademark? For example, if I registered a domain in 2010 and a business was started with that name in 2015 and they got a TM on the name, there's no way that I would have known that the business would be started in 2015. In the case where the client's domain was registered in 2009 and he has been trading since 2009, and the TM was registered in 2012, it seems to me that the client would not have knowledge of the TM being registered in 2012, as it was 2009 when they registered the domain name. There may be other arguments that the TM owner might have, such as the website's logo or the content on the website causing confusion between the client's domain and site and the TM holder's brand. However, that is an IP issue, not a domain issue. What I recommend is that since the client has been made aware that there may be a UDRP or other legal action taken, that the client seek advice from a domain attorney. And if they anticipate that they may have costs associated with defending the ownership of their domain, consider domain protection. DNProtect is a company that provides that service. [/QUOTE]
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Client being bullied for trademark infringement
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