Can domain be seized if using a trademark?
- Thread starter Ruriko
- Start date
BadyBoySEO
Regular Member
- May 17, 2013
- 320
- 95
Yes it can be. If its a big brand expect a cease and desist and then they will attempt to seize it from you.
Untouchable
Supreme Member
- Mar 22, 2012
- 1,344
- 1,180
Yes without a doubt.
Advocate512
Newbie
- Aug 17, 2013
- 5
- 0
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.
Junkfood00
Elite Member
- Sep 13, 2011
- 1,947
- 1,340
If you have been officially approved for distributing their products then you can ask permission to register a domain using their trademark.
DBMEDIALLC
Regular Member
- Feb 24, 2013
- 201
- 44
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.
ScoopMaster
Registered Member
- May 20, 2013
- 73
- 12
And get it in writing! Although, if you're a distributor, they probably won't mind.
fredthered
Registered Member
- Jul 8, 2013
- 73
- 25
Yes it can, it will likely go to arbitration and you can lose the domain if they rule against you.
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?
spmcnerd
Regular Member
- Dec 20, 2010
- 326
- 119
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...
cryptexicebone
Regular Member
- Sep 9, 2012
- 408
- 77
not if you use good offshore hosting that ignores DMCA complaints XD
squark
Junior Member
- May 22, 2008
- 156
- 1,219
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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