Claim for a domain from a well-known trademark

Started by ACKET, Aug 12, 2022, 08:26 AM

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ACKETTopic starter

Hello!

I have come across a domain name that is an exact match of one of the most popular brands in the cosmetics industry. I am faced with a dilemma as the domain name has already been paid for, along with the expenses incurred on the website, etc.

In this situation, should I change the domain or will I not be able to trademark it as the registrar has allowed me to register it?

I would greatly appreciate it if experienced individuals could offer advice on how to resolve this matter as this is my first time encountering such a situation.

It seems that the registrar does not register or allow others to acquire the domain name.
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hieronymusf01

It seems to me that TM registration is limited to specific classes. Does your website fall under the category for which they have registered their trademark?

I am curious, when was the domain name registered and when was the trademark filed?

While I may not be experienced enough to offer a comprehensive solution, waiting for an answer in such a situation can become tiresome. If you are in a losing position, it may be best to legally work with them or retreat, as they could easily prove their rights have been violated.

If you choose to work with them, how do you approach them with your proposal after receiving their letter? This decision ultimately falls on you.

It may be helpful to seek the advice of someone more experienced in this matter.

Additionally, it may be worthwhile to verify the validity of their trademark through a quick search on Google, just to be sure.
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SilverMoon

As of late, disputes pertaining to the relationship between domain names and trademarks have become increasingly complex. Additionally, it is proving to be a challenge to counteract dishonest manufacturers or service providers who are using someone else's domain name to their advantage. Despite these difficulties, many of these issues are being resolved through court proceedings - there has been a significant amount of legal cases involving the protection of domains and trademarks.

One common type of legal dispute related to the relationship between a domain name and a trademark is the issue of unfair competition. In most of these disputes, one entity will register a domain name that is purposely similar to an established trademark in order to garner more customers and increase profits. This results in consumers being misled, as they are unable to obtain trustworthy information about the actual manufacturers of goods and services and end up buying from a different company altogether.

Trademark holders generally seek the help of the courts, who will then require domain administrators and registrars to transfer the domain rights or cancel domain names that infringe on trademarks.
There is a growing trend of domain disputes and their resolution is becoming more commonplace. In most cases, court decisions prohibit the defendant from using the domain and require them to pay compensation, often in the hundreds of thousands of rubles. Judicial practice in these matters is rather consistent due to the similarity of such cases - unethical businesspeople using a domain name nearly identical to a well-established and successful company's trademark.
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