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TM Domain Name Question

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techblology

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Let's say for example I bought the .es version or a .de version of a trademarked .com

it's not misspelled and there is no hyphens,
it's just the exact word as the .com

It's not a parked domain it's just a blank page.
They have threatened legal action if the domain is not transferred over.
Do I have a case or should I save myself the hassle and transfer the domain?
 

south

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My first reaction is give it to them. But does it mean something different in spanish? Is the company well known in Spain? Could it be considered a generic product or service? Is it worth spending thousands to defend it?
 

techblology

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it's a generic word,
one of the top 20 sites in the world.

I actually have the .or.at tld and it's hosted with a foreign registrar so does that matter at all?
 

south

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it's a generic word,
one of the top 20 sites in the world.

I actually have the .or.at tld and it's hosted with a foreign registrar so does that matter at all?

The question to ask then is if it's worth spending the money to keep it.
Better ask an attorney. Some good ones frequent this board.

Here: http://www.dnforum.com/f295/
 

Jilo

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if it's one of the top 20 sites in the world, it will be well known in spain... I'd save the hassle and just give them it. You aren't doing anything with it, and aren't likely to with them watching over you.
 

south

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if it's one of the top 20 sites in the world, it will be well known in spain... I'd save the hassle and just give them it. You aren't doing anything with it, and aren't likely to with them watching over you.

It would depend on the name though. If it is cars.es / insurance.es / etc, I'd fight tooth & nail for it. If it's youtube.es, yahoo.es, etc.. kiss it goodbye.

After all, if they really have no claim on it, and it's a valuable generic, they could also be bluffing to see if they can get it for free...
 

Jilo

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Sure, if its an english generic in .es, then fight for it... but if it is top 20, more than likely, you would associate that word with that site...
 

techblology

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it's not a .es tld,
I just used that as an example.
It's a .or.at tld

I had an autoblog running,
that's how they found it.
I told them I would take the site down but I couldn't transfer the domain to them.
But of course,
they want the domain also.
 

Cartoonz

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it's a generic word,
one of the top 20 sites in the world.

I actually have the .or.at tld and it's hosted with a foreign registrar so does that matter at all?

Top 20 on what list/metric? None of the top 20 Alexa sites are even close to generic....
 
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