Domain is similar to TM. Is it worth it to fight?

Started by Zora2012, Jul 11, 2022, 03:10 AM

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Zora2012Topic starter

I have a domain
ferari.cctld

Yesterday I received a letter. They tell about their intellectual property rights.

In the country ccTLD TM Ferrai is not registered.
For a month of the parking - 5 visitors.
Is this a scam?
I don't feel like renting from the parking lot, because I can see the interest in the domain.
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Abhinavjain

Without understanding the legislation of this country, it's hard to say something, if they sue, it's unlikely that you will be able to fully protect your domain.
But the UDRP procedure is in effect in this zone. The owners of TM may have grounds for filing a complaint under the UDRP, but I think that the rights to the domain can be protected.

The fact is that the domain itself does not violate anything, but the use of the domain in the parking can become evidence of unscrupulous registration. Here you need to look at the practice on such issues.
In any case, it's worth battling, because. in this case you have nothing to lose.
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metallexportprom

While the company has not had time to file a lawsuit for the fact that its domain name is confusingly similar to somebody else's trademark, you have time to protect it. What to do to protect the domain from third-party claims, read on.

Register a domain name  as a trademark.
This method will 100 percent protect the domain name  from attempts to take it away.
If a company manages to register a domain as a trademark first, no one else will be able to register a trademark that is confusingly similar to it and file a claim against the company for infringement of exclusive rights. The company will be able through the court to prohibit third parties from using both the domain itself and similar designations, destroy counterfeit products on which another company placed it, and also demand monetary compensation for the illegal use of the trademark.

For instance, for the fact that the company illegally marked its goods with someone else's trademark, the copyright holder collected compensation from it in the amount of $100K.
The amount of compensation was calculated based on the double value of the goods on which the trademark was illegally placed.
Just registering a trademark is not enough to protect the domain name. You need to use both a trademark and a domain name. For example, place a trademark and site address on goods, labels, signage, advertising materials in the media, on television or on the Internet, on documentation that is related to your goods or services, on your site.
Otherwise, anyone who wants to register the same trademark will be able to terminate the legal protection of yours ahead of time.
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