Greetings,

With knowledge of the unfortunate consequences faced by those who register a domain that incorporates a trademark without possessing the necessary dоcumentation, there is a growing fear of such actions. It seems that the owner of the trademark would take legal action against you, and attempting to defend yourself in court would be quite costly without any assurance of success.

However, it may be possible to transfer the domain without having to go through the court system if you have sufficient evidence in the form of dоcumentation proving trademark ownership. Therefore, utilizing a product name, brand or game name as a domain for a worthwhile project may seem like a far-fetched idea due to the potential risks involved.

The success of a business can greatly hinge on the strength of its brand name.

I received a brief email from lawyers representing a trademark that is currently involved in a lawsuit. The email accused me of selling their trademark and demanded that I immediately transfer the domain to them. When I responded by suggesting that I would transfer the domain for a fee, they did not reply and disappeared.

The issue at hand is that a trademark holds the status of intellectual property, while domain names do not have this designation according to the law. The Intellectual Property Rights Court has stated that domains are simply a technical means of address, and as a result, trademarks are the focus of judicial protection during disputes rather than domain names.
Unfortunately, courts do not take into account the amount of investment made in promoting the domain or the costs associated with relocating and rebranding.

In some cases, domain name owners are able to defend themselves against such lawsuits if it is proven that the trademark was registered unlawfully. However, this matter would require separate legal action, with domain name owners having to file applications with the Chamber for Patent Disputes, the Federal Antimonopoly Service, or another court.

I've witnessed numerous instances of hapless individuals being dragged to court by trademark owners, forced to cough up exorbitant sums in defense of their legitimate (or not-so-legitimate) use of a domain name. The prospect of embarking on a worthwhile project, only to be potentially bankrupted by a trademark lawsuit, is indeed a daunting one.

But, as you astutely pointed out, there may be a glimmer of hope in the form of dоcumentation. Ah, the sweet salvation of paperwork! If one can produce sufficient evidence of trademark ownership, it's possible to transfer the domain without the need for a costly and protracted court battle. However, this raises the question: what constitutes "sufficient evidence"? Is it merely a matter of possessing a trademark registration certificate, or are there more nuanced considerations at play?
I must take umbrage with the notion that utilizing a product name, brand, or game name as a domain is inherently "far-fetched" due to the potential risks involved. As a webmaster, I can attest that the judicious use of such domains can be a savvy marketing move, provided one has done their due diligence and ensured that their use of the domain does not infringe upon the trademark owner's rights.

Of course, this begs the question: what precisely constitutes "judicious use"? Is it merely a matter of avoiding overt attempts to deceive or confuse consumers, or are there more subtle considerations at play? The answer, much like the machinations of the trademark system itself, remains shrouded in mystery.
While the specter of trademark litigation is indeed a daunting one, I firmly believe that it should not serve as a blanket deterrent to the use of product names, brands, or game names as domains. Rather, it is incumbent upon the would-be domain registrant to educate themselves on the intricacies of trademark law and take steps to ensure that their use of the domain is legitimate and non-infringing. Anything less would be an affront to the very principles of innovation and entrepreneurship that the internet was founded upon.