Domain & Trademark Questions

[PushKing]

Interested in the legal side of the question. If company X goes and registers trademark for certain name, does it mean it can takeover the domain name automatically?

Let's say there is no trademark for Tesla and someone registers it, does it mean the registrant of the trademark can take over the domain e.g. tesla.com?

 

[Deleted member 1232083]

It's not working like this

 

[Richichi]

You can hold tesla dot com if you manage to buy it, using it is another story.
They won't be able to take it from you.

 

[PushKing]

It's not working like this

Thanks for a very useful comment. Not.

 

[CreativeDaddy]

You can hold tesla dot com if you manage to buy it, using it is another story.
They won't be able to take it from you.

This.

 

[PushKing]

You can hold tesla dot com if you manage to buy it, using it is another story.
They won't be able to take it from you.

Not sure I understand your reply.

Let me clarify:
Company X has the myXdomain.com but doesn't have a trademark.
Company Y has a trademark for myXDomain, but no domain name.

Can company Y take over myXdomain.com in this case?

 

[Richichi]

Not sure I understand your reply.

Let me clarify:
Company X has the myXdomain.com but doesn't have a trademark.
Company Y has a trademark for myXDomain, but no domain name.

Can company Y take over myXdomain.com in this case?

No, they cannot take the domain away from you, you can HOLD it.
If you use it though they can sue you.

 

[PushKing]

No, they cannot take the domain away from you, you can HOLD it.
If you use it though they can sue you.

...and by suing they can take over it In other words it doesn't mean that it will be given away just because someone has a trademark, but it will be taken over if the other side decides to pursue it through court.

Thank you for the clarification!

 

[ontiscal]

More in detail Company X can loose the domain if it's used for the same purpose.

So in the example, Company X can loose tesla.com in favor of Elon Mask if they talk about cars.
But Company X takes no risks if they build a site regarding magnetic induction

 

[Enserio]

The easiest and cheapest process for company A to attempt to get a domain from company B is to file a UDRP.
Each year there are thousands of domains registered by self proclaimed geniuses who think they can get traffic off of recognizable brand name and they lose often without defending their ridiculous registration- such as typo squatters or outright knuckleheads.

Then hundreds of cases are filed each year that are in a gray area where a panel of 1 or 3 "judges" actually arbitrators decide. Trademark cases depend on each country. UDRP's are filed at a geneva based international site: WIPO(.)int. You can research trademarks before registering domains in the US at tess(.)uspto(.)gov and see if they are "live" or "dead". Use case is argued. Annually both large and small entities or corporations attempt to claim domain names that they feel "entitled" to based on a high price demanded from investors who must pay to defend their registration.

Parties that file to attempt to take away a domain in bad faith and offer no demonstration of claim that lose UDRP's can also be found to have attempted "reverse domain name hijacking" and such can end up putting such parties name permanently into a special website for all the world to see.

 

[German Rodriguez]

No, they cannot take the domain away from you, you can HOLD it.
If you use it though they can sue you.

that's the right answer

you will have something that they need/want and you will not able to use unless you sold it

 

[Marco69]

The other way around I must ask you guys:

I have found a good free domain name like mynamedigital.com (only domain no trademark)

Can another company with capital use my domain name mynamedigital to get a trademark ?
I hope not.

Happy Weekend !

 

[CreativeDaddy]

The other way around I must ask you guys:

I have found a good free domain name like mynamedigital.com (only domain no trademark)

Can another company with capital use my domain name mynamedigital to get a trademark ?
I hope not.

Happy Weekend !

Get it, it's your digital property.

 

[Marco69]

Get it, it's your digital property.

ufff thank you so I can relax. But in the past such things happenend, a big company who use my domain name to register a trademark, you can not compete with them wirh their lawyers and capital, exception; the government law say otherwise.

 

[CreativeDaddy]

ufff thank you so I can relax. But in the past such things happenend, a big company who use my domain name to register a trademark, you can not compete with them wirh their lawyers and capital, exception; the government law say otherwise.

They can do whatever they want, it's your property. If they want it they will have to buy it.

 

[Marco69]

They can do whatever they want, it's your property. If they want it they will have to buy it.

Big thanks to you bro !