I didn't say that it was distinctive. Descriptive terms can be protected but there is a "greater onus" to show that they have built up such a reputation so as to be given protection.
That's correct, but when it comes to intellectual property most countries have signed international treaties...
Trademark law issues aside, under the UDRP it's exactly the same as in Australia:
In this case a trademark has been registered, but even if it was not there could still be a case if the owner can show a common law trademark:
I think the UDRP is the only way to manage cross-border disputes...
Unfortunately, if the owner of the other site were to launch a dispute it is very likely that their case would be successful. The fact that their registered trademark has no "s" is not particularly helpful to your case as the policies of both ICANN and auDA cover "deceptively similar" names...
It's not the sandbox and a 301 redirect is not worth it. This happens all the time with new sites. It takes on average a week to two weeks for it to rank the homepage. In the meantime keep your link building going and don't worry too much about it, it will sort itself out.
Paypalsucks was also an exception for "freedom of expression" cases. There is actually a whole lot of law on domains which include "sucks" in the URL. From the "walmartuksucks.com" case:
So this is really an exception to the rule in cases where there is a bona fide use of the TM in the domain...
You clearly have no idea. It's actually UDRP and the whole point of it is to enable easier cross-border dispute resolution. The World Intellectual Property Organization (WIPO) oversees most cases and WIPO's processes were "developed by leading experts in cross-border dispute settlement." The...
Wrong again.
wipo.int/amc/en/domains/search/text.jsp?case=D2011-0004
This involved the domain "allstateautoinsurance.com". The site was used as an insurance comparison site where people could get All State insurance as well as policies from other providers.
WIPO ruled that the domain...
Some other cases from this year:
"Nescafe" Case
wipo.int/amc/en/domains/search/text.jsp?case=D2011-0022
Summary: Someone registers a whole lot of .coms with "nescafe" TM. They redirected them to a site selling water products and a "Site may be for sale" link. All domains transferrred back...
Here is a case from 2000 with regard to Madonna.com
wipo.int/amc/en/domains/decisions/html/2000/d2000-0847.html
Background:
So recall the three elements from my post above:
As to (i) both parties agreed the domain was confusingly similar. This was not an issue.
As to (ii) - The...
Paypalsucks is around because there is no commercial gain. You don't seem to understand this process is separate to the court systems. When I get some time will pull up some cases from ICANN which show this clearly.
For what it's worth I go to a top 10 ranked law school (top 10 internationally).
I wrote a summary of the laws and regulations in this thread for anyone interested:
http www .blackhatworld.com/blackhat-seo/black-hat-seo/350467-trademark-violation.html
It seems there is a lot of confusion about trademarks in domains so I will try to explain it in a simple way.
Expertpeon linked to some American cases in the other thread showing that using someone's TM in certain situations would be deemed "fair use" and I do not necessarily disagree with...
Yes, it is a TM violation. While most bands do not have registered trademarks, they do have protection at common law. They probably won't take you to court because launching a dispute with a domain authority is easier and cheaper.
They would receive the domain and your hard work would go to...
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