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Can I get sued for registering a domain of a product that the company didn't register?

Discussion in 'Domain Names & Parking' started by Funtadan, Mar 11, 2013.

  1. Funtadan

    Funtadan Registered Member

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    Hi so I bought the domain of a new upcoming product that the company didn't register themselves. I assume they will have trademarked the product name, but can I get sued for registering it before anyone else did? I don't mind giving the domain to the owner if they ask for it, but I don't want to get sued.
     
  2. Xp3r7

    Xp3r7 Regular Member

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    Why you registered it if you have concerns about getting sued?
    And yes, they can sue you but hopefully they will ask for the domain first.
     
  3. jimdones

    jimdones Junior Member

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    hmm interesting question. if you prove you owned the domain *before* the product was trademarked then i guess it's their problem not yours and maybe you can sell them the domain for some profit? but you really need to consult an ip lawyer about this.
     
  4. myownhero

    myownhero Power Member Premium Member

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    You can get sued, but most likely they will send you a formal letter demanding the rights be transferred first.

    They are legally protected though.
     
  5. Ravinostradamus

    Ravinostradamus Regular Member

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    Hope they'll send you a formal letter fist and will demand for the domain name.
    1% they can sue you without any notice or something

    Sent from my HTC using Tapatalk 2
     
  6. zigato

    zigato Jr. VIP Jr. VIP Premium Member

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    Yes you can be sued but of course legal stuff like the formal letter will come first. Legal action will only take place if you ignore their demands etc. It also happens if you have a misspelling of the business name but it appears exactly the same - sort of like if you had Gooogle.com or Goggle.com or something and put up a search engine like Google.com.
     
  7. Pharn

    Pharn Newbie

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    there where cases when companies had to pay for such domains, as they trademarked AFTER you had the domain so if you prove that there was no way you did it intentionally and will put a website on related to domain but NOT related to their product...

    most probably they would just send you "Cease and desist" and that would be it
     
  8. zigato

    zigato Jr. VIP Jr. VIP Premium Member

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    Have to disagree with you, Pharn. My knowledge actually comes from a colleagues friend who got sued. However there are other negative impacts such as your AdSense account being banned for the website if the company contacts.
     
  9. TJchiller

    TJchiller Junior Member

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    If it's registered to you before the company product you'd have a chance keeping it unless it's violating trademark rights. But it doesn't seem like the case here. Usually you'll get a formal letter asking you to hand over the domain, if you refuse you'll probably get sued and lose. Then they redirect the domain and profit from your hard work. Not reccomended unless you can profit on it in the short term and don't "care" if you lose the domain later as you've already banked on it by the time.
     
  10. Alkanphel

    Alkanphel Junior Member

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    I'd imagine you would get sued. Otherwise you would go and register iphone 6,7,8,9 .com etc
     
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  11. gingerbuzz

    gingerbuzz Junior Member

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    Trademarks only come into effect on registration, so buying a domain name before they register the trademark technically means you are safe.
    however, we would have to look at how you came to buy the domain name for example apple and coca cola are widely known if you bought a domain name that said coca-cola- super- light because you had inside knowledge they were going to launch a new drink called super light, then you would be stuffed and you would get sued.

    This is what you need to consider
    1. is the domain name linked to an already well known product or company?
    if yes you may be sued. This will depend on whether they have a global patent/trademark covering all countries or whether it is a local trademark/ patent covering only certain countries. Eg many fake goods can be made in China because initially companies didnt have any trademarks/patents registered in the country to protect them but when the fake goods arrive in say the USA they can be seized at customs as they will have a trademark or patent registered preventing unauthorised use or distribution.

    2. Is it a really common name that you bought - some names/things/symbols cannot be registered as ownership cannot be established. eg the smiley face we all use.:) No one can register exclusive rights over this.


    FInally Cover your self
    put a disclaimer on your site saying any link to anyother product or name is purely coincidental and that this is an independent venture conceived on the 21st march 2013 with no known connections to any other website or product that may have similar sounding or like names.