Hosting & Domaining Forum

Domain Marketplace => Domain Names => Topic started by: maxi007 on Nov 15, 2022, 03:39 AM

Title: Domain names Interlude
Post by: maxi007 on Nov 15, 2022, 03:39 AM
Let's consider the scenario where a top 500 online store has had their domain registered since 1998. However, in 2009, a small office in a different area of trade registers a similar trademark. This raises the question of who should win in court and who has priority over the name. In reality, it may not be who you think.

In 1999, the domain registration was completed, and in 2014, the online store was established with this name and generated a turnover of $200M by 2018, selling branded clothing. On the other hand, in 2009, LLC "Names" registered the trademark NAMES, covering areas such as procurement services and promoting goods for third parties.

It is evident that the online store was in a precarious position as the trademark registered by the LLC "Names" fell under the same category as their business. Despite having the domain registered much earlier than the trademark, the situation wasn't looking good for them.

This is because the owner of the trademark has more rights, even if their mark was registered later, as is the case with many domain names. For example, they could have been registered by individuals or sold and resold, making them vulnerable to legal disputes.

As someone who runs a related small business, I find this example useful to reference when learning about trademark security techniques. It's essential to understand these legal subtleties when protecting your intellectual property. However, I must disclaim that I am not a lawyer, and there may be some errors in my interpretation.
Title: Re: Domains Interlude
Post by: sinelogixweb on Nov 15, 2022, 03:57 AM
There have been numerous domain name disputes, many of which could fill entire books (as there are books devoted to this topic). It's essential to remember that trademarks are registered under specific classes and this must be taken into account.

While the message regarding starting a business and registering a domain name is correct, the theories and justifications in the initial material require significant corrections. The topic is vast, and it's critical to have a proper understanding of trademark laws and practices.
Title: Re: Domains Interlude
Post by: Eric Leboeuf on Nov 20, 2022, 01:49 PM
Protecting property rights, specifically trademarks and domain names, can be a complicated matter. Lengthy reports on the topic can be hair-raising, and proving ownership can go either way. It's crucial to note that all domain names registered before 2005 fall into a special legal caste, and the outcome of disputes depends on where the domain is registered and where the court case takes place.

As someone who has created a domain name similar to a well-known brand, I can attest to this complexity. I received a warning after 9 months and was even taken to court, yet the case had additional complexities as I lived in France and registered the domain name in India. Interestingly, I emerged unscathed, but to avoid any further issues, I changed my domain name to avoid any future conflicts.