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Can domain be seized if using a trademark?

Discussion in 'Domain Names & Parking' started by Ruriko, Aug 31, 2013.

  1. Ruriko

    Ruriko Power Member

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    Ok since a trademark uses .com and If I register a domain under a different domain extension such as .nu can your domain be seized/locked/sued for taking a trademark even if you mention on the site that it's unofficial fansite?
     
  2. BadyBoySEO

    BadyBoySEO Regular Member

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    Yes it can be. If its a big brand expect a cease and desist and then they will attempt to seize it from you.
     
  3. Untouchable

    Untouchable Supreme Member

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    Yes without a doubt.
     
  4. innozemec

    innozemec Jr. VIP Jr. VIP

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  5. M1ndfluX

    M1ndfluX Senior Member

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    Most def. Just ended a long and tedious process with the adrforum. Jeez...
     
  6. Gogol

    Gogol Elite Member

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    haha yupp.. Didn't you know that?
     
  7. Advocate512

    Advocate512 Newbie

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    They can seize the domain, but unless you've been defaming or defrauding them with it somehow, you don't have to worry about getting sued beyond that. I mean, I can't think of any other damages that could be pleaded.
     
  8. cryptons

    cryptons Jr. VIP Jr. VIP Premium Member

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    ya never think of buying such domains!
     
  9. houstonas

    houstonas Registered Member

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    Hm, I was wondering about this thing too. I am a official distributor of one product and I thought of registering a domain *comapnyname*ireland.com for distributing it in Ireland. So would they seize it if I made a website under that domain?
     
  10. Junkfood00

    Junkfood00 Elite Member

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    If you have been officially approved for distributing their products then you can ask permission to register a domain using their trademark.
     
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  11. DBMEDIALLC

    DBMEDIALLC Junior Member

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    I had a domain get seized simply because it was in an illegal niche. So yes, for sure if you are breaking trademark they can take it.
     
  12. techfan

    techfan Junior Member

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    Good to know.
     
  13. ScoopMaster

    ScoopMaster Registered Member

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    And get it in writing! Although, if you're a distributor, they probably won't mind.
     
  14. fredthered

    fredthered Registered Member

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    Yes it can, it will likely go to arbitration and you can lose the domain if they rule against you.
     
  15. cj0001

    cj0001 Newbie

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    A quick addendum here.... would it make any difference if the trademark was only registered by the third party AFTER you had bought the domain?
     
  16. spmcnerd

    spmcnerd Regular Member

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    In the long run you will likely loose. When you register a trademark you have to wait pre-determined time frame for others to challenge or protest the mark. Unless you protested the mark he has the upper hand. If I trademarked Long Island Hot Dogs and one day a plumber started a company and named it Long Island Hot Dog Plumbers then the plumber would be favored because it's not competition. Common words are treated different, little more loose. There is two ways this situation could go and one person will decide...
     
  17. cryptexicebone

    cryptexicebone Regular Member

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    not if you use good offshore hosting that ignores DMCA complaints XD
     
  18. squark

    squark Junior Member

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    To be clear, DMCA has nothing to do with this. And neither does your hosting company.

    It would be your domain registrar and UDRP (Uniform Dispute Resolution Policy). Typically, you agree to be bound by this in the terms of your domain registrar. And I believe it's administered by ICANN, so it's more difficult to get around than just moving your hosting to Panama.

    There are certain things the disputing party must prove. But if they do, you're pretty much losing your domain. I just lost 10 to google last week.

    Search UDRP for more information and what the burden of proof actually is.
     
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    Last edited: Apr 27, 2014
  19. ThatK1dB

    ThatK1dB Regular Member

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    yeah.. i advise don't buy domains that have a popular name brand names
     
  20. SEOnetic

    SEOnetic Senior Member

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    there are no doubt it will be snatched in any how.