Can a domain name in the .COM zone be taken away?

Started by patricka, Aug 13, 2022, 01:26 AM

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patrickaTopic starter

Hello,

I can't figure that out for myself. Let's say there is a company "ABC" which opened recently (several months ago) in one European country. They probably don't have a trademark for that name yet.

I have registered in the .com zone (after registering the company) a domain that completely matches the name of that company, i.e. as an example "abc.com".

In the country where the company is registered, the domain with its name is free, for example it is "abc.nl", this name is also available in other domain zones.

Can "ABC" prosecute my .com domain? Thanks.
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Movut

If you have a website on that domain of the same direction as the TM is registered on, then they can squeeze it out.
And if the other - they can not.
I remember there was a court of the famous fast food corporation, and a person who bore such a surname and registered a domain name. The corporation tried to reclaim the domain, but failed.
The man said - that is the domain of my last name. I talk about myself on the website and do not sell fast food. That is, I do not violate the trademark. The court sided with him.
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Zora2012

There is a trademark, and the defendant operates in the same segment.
In this case, the plaintiff practically cannot lose – he needs to collect evidence and file a lawsuit.
There is an obvious violation of the rights to a registered trademark. In this case, the domain will be taken away from the defendant, and compensation will be collected. The fact that it is registered before the trademark does not matter – there is a violation of the exclusive right to the trademark.

Example. The defendant lost the dispute to the plaintiff "Stop Debt", the court decided to take the domain stopdolgam.com.
Although the registration is quite conscientious and the combination of words is absolutely not exclusive. Most likely, the decision of the WIPO (World Intellectual Property Organization) would be in favor of the domain owner. So, decisions are often formal, without taking into account the provisions of the Paris Convention. Interestingly, even with a lost appeal, the defendant's domain has not yet been taken away, since it is being redirected to a new site. Apparently, there is still a continuation in the dispute.
There are exceptions to any rule, this axiom also applies to legal disputes "trademark" - "domain".


There is a trademark, but the defendant's activity is conducted in a different class.
The website, the domain name of which the plaintiff claims, has nothing to do with the commercial activity conducted by the owner of the trademark. This means that the plaintiff's rights have not been violated. Therefore, the wording of the claim should be different, related to unfair competition.

That is, the domain name is either empty, or misleads users, is for sale, or links to the plaintiff's competitors are published on the site.
That methods of using the domain name are unambiguously interpreted in favor of the owner of the TK, and the chance to select the domain is more than 50%. If a regular information site is located on the domain, then it will be very difficult to find evidence of its unfair use, the chances are exactly less than 50%.
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