Using registered words - trade mark (TM) in the domain name

Started by alexfernandes, Jul 24, 2022, 08:41 AM

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alexfernandesTopic starter

Hello,

Knowing about the sad outcomes of situations (for domain owners without having documents confirming the TM), it became scary to register a domain that would contain a branded word.
As I understand it, the company owner of the TM will sue once or twice and you don't have to try to prove anything, which will take a lot of money.

But you must to hold out until the court, I think that according to some conclusions and scans of the company's documents confirming trademark ownership a domain name can be transferred without trial (or with it, what's the difference?).
So for a good project that will be located on such domain not for money and traffic, it is utopia to use a registered product/brand/game name?
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richtedy

very much depends on the brand name.

I was recently sent a simple mail by lawyers from a TM that is suing - they say how dare you sell our TM? .. immediately transfer the domain to us ...

to which there was an answer - I will hand it over for some money ... disappeared, no answer
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Lechlak

The problem is that a trademark is intellectual property, and domain names do not have such a status by law.
Domains are just a "technical means of addressing," as the Intellectual Property Rights Court said in one of its rulings. So, the courts protect the trademark in disputes, not the domain name. And the courts, unfortunately, absolutely do not care how much money is invested in domain promotion and how much more will have to be spent on domain relocation and rebranding.

Sometimes domain name owners manage to fend off such lawsuits, for instance, if it turns out that the trademark itself was registered illegally.
But this will be the subject of a separate dispute, so the domain name owner will have to go with separate applications to the Chamber for Patent Disputes, the Federal Antimonopoly Service or another court.
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