Claim for a domain name from a well-known trademark

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

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ACKETTopic starter

Good day!
There is a domain name that completely matches the name of one of the most famous brands in the cosmetics industry.

What to do in this a situation?
After all, the domain name is at least paid for by me + the cost of the website, etc.

Will have to change the domain or do not have the right to pick up, TM. because the domain zone registrar allowed me to register this domain name.

This is the first time I've encountered something like that, so I'm asking for advice from experienced people on what to do about it.

It turns out that they themselves do not register and do not give to get it for others.
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hieronymusf01

1) If I understand correctly, TM is registered according to a definite class.
Does your website intersect with the field of activity for which they have TM?

2) When was the domain name registered?
When is TM?

Maybe I'm not the very experienced adviser in these matters, but there are no more answers in the topic, and waiting for an answer at a similar moment is probably very tiring.
In that case, you are in a losing situation, you need to either legally work with them if they want to, or retreat, because it will not be difficult for them to prove that their rights have been violated.

If the former, another question arises, how to approach them with that a proposal after their letter, is it worth it. It is up to you to decide, only you are responsible for yourself.
Perhaps somebody with more experience in these matters can chime in.

Yes, and it's worth trying to check whether they really are. Google it, just in case.
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SilverMoon

disputes related to the relationship between a trademark and a domain are becoming much more complicated. Secondly, it is difficult to counteract unscrupulous manufacturers or suppliers of goods or services that use someone else's domain names. Nevertheless, these issues are being resolved in court: there is a fairly extensive judicial practice on litigation regarding the protection of a domain and trademark.

One of the most frequent types of litigation regarding the relationship between a domain name and a trademark is disputes about unfair competition. Most of these disputes have a fairly typical composition: one legal entity registers a domain name confusingly similar to a well-known trademark in order to expand the customer base and increase profits. Thus, the consumer of products is misled, since he cannot get reliable information about the manufacturer of these goods and services and purchases goods or services from a completely different company to which he initially preferred.

In most cases, trademark holders apply to the courts, who require domain administrators and registrars to transfer the right to a domain or cancel a domain name similar to a trademark. Judicial practice shows that the number of domain disputes is growing, and their resolution is becoming more uniform. In such disputes, as a rule, although it does not specify whether domain names belong to protected results of intellectual activity or means of individualization of manufacturers.
As a rule, in such disputes, decisions are made to prohibit the use of the domain by the defendant and to pay compensation, usually in the amount of several hundred thousand rubles. The similarity of judicial practice is explained in most cases by the similarity of the cases themselves — they all follow the same scenario: unscrupulous entrepreneurs use a domain name similar to the trademark of another, more well-known and successful company.
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