Hey,

I'm not able to resolve this on my own. Let's assume that a new company called "ABC" has recently opened in a European country. It is quite possible that the company has not yet obtained a trademark for their name.

After registering my own company, I have registered a domain in the .com zone that exactly matches the name of this company - for instance, "abc.com".

The domain name with the same name as the company is currently available in the country where the company is registered (for example, "abc.nl"), and it is also available in other domain zones.

Is it possible for "ABC" to take legal action against me for owning the .com domain? Thank you.

Hey there,

If your website is under the same direction as the registered TM, then they can take control of it. If not, they cannot.

I recall a case involving a major fast food corporation and an individual who had the same last name as their brand, and had registered a domain name accordingly. The corporation attempted to reclaim the domain but was unsuccessful.

The man argued that since the domain name reflected his surname, he only discussed himself on the website and did not engage in selling fast food. Therefore, he did not infringe upon the trademark. The court ultimately ruled in his favor.

Hey there,

If there is a trademark and the defendant operates within the same sector, then the plaintiff essentially cannot lose - they simply need to gather evidence and sue.

If an infringement of registered trademark rights is obvious, then the defendant's domain will be taken away, and compensation may be awarded regardless of whether the domain was registered before the trademark or not.

For example, "Stop Debt" won a case against the defendant and the court ordered the domain stopdolgam.com to be seized, despite the registration being appropriate and the word combination being entirely non-exclusive. In such cases, decisions are often formal and may not take into account provisions of the Paris Convention. Even if the defendant loses on appeal, the domain may not be confiscated if it is still in use and is being redirected to a different site.

Of course, there are exceptions to every rule, and this cliche applies equally well to trademark-domain disputes.

If there is a trademark, but the defendant operates in a different class, then the plaintiff cannot claim that their rights have been violated. Instead, the claim should be related to unfair competition. The domain name itself may be empty, misleading, for sale, or may contain links to the plaintiff's competitors. Such methods of using the domain name are commonly interpreted in favor of the trademark owner, and the chances of them recovering the domain are greater than 50%. However, if the domain hosts a regular informational website, then it will be difficult to prove unfair usage, and the chances of success for the plaintiff are less than 50%.

Trademark laws vary by country, but generally, companies may have the right to protect their brand name and prevent others from using it in a way that could cause confusion or dilution of their trademark.

If "ABC" believes that your ownership of the "abc.com" domain could potentially confuse customers or harm their business, they may choose to take legal action against you. However, the outcome of such a case would depend on several factors, including the jurisdiction, the strength of their trademark, and whether there is evidence of infringement or malicious intent on your part.

In general, owning a domain name that matches the name of a company does not automatically mean you are infringing on their trademark or that they can take legal action against you. Trademarks are typically limited to specific industries or categories of goods and services, and there is a concept called "first in use, first in right," which means that the company that first uses a trademark in commerce may have priority over others.

If your use of the "abc.com" domain is not in the same industry or category as the company "ABC," it may be less likely to cause confusion and less likely to be seen as an infringement. However, if the company "ABC" believes that your use of the domain name is causing confusion or diluting their brand, they could potentially take legal action against you.

It's also worth noting that some countries have laws protecting well-known trademarks, even if they are used outside of the country. So, if the company "ABC" has established a strong brand and is well-known, they may have additional legal tools to protect their trademark rights.