Somebody has registered a domain name that is the same as a trademark I
own. What can I do? First, talk to a lawyer! Second, don't expect that you automatically have the rights
to that name. The issue is a very grey area at the moment. DON'T fire off angry letters to
the owner threatening all manner of retribution unless they hand over the name. Get legal
advice instead. One more thing: InterNIC has a procedure for filing complaints. Use it.
I own a domain name that is a trademark of a large company. Can I sell
it to them? No! NO! and nO! If you approach a company with the intention of selling them a domain
name that infringes on one of their trademarks, you are basically admitting that you
registered the domain name for that purpose i.e. to profit from a trademark infringement.
This is one of the easiest ways to lose a legal battle before it has even started. Better
to wait until the company comes to you. Best not to get involved in trademark disputes at
all.
I want to register a domain name that I know is the trademark of a
large company. Is this going to make me rich? No. This is going to make you the target of a lawsuit. The problem is that two or
three years ago, when the domain market was much smaller and companies were just feeling
their way tentatively, it was indeed possible to turn a quick profit by selling an unwary
company its own name back. Now companies have wised up, precedent has been set, and you
are likely, though not certain, to lose any ensuing legal action. Don't waste your time
and money, find safer names.
A company has sent me a polite/insistent/threatening letter claiming
that my domain name infringes their trademark. What should I do? First, talk to a lawyer! Second, don't expect that they automatically have the rights
to that name. The issue is a very grey area at the moment. DON'T fire off angry letters of
your own threatening all manner of retribution unless they stop hassling you about the
name. Get legal advice instead.
Introduction
