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Domain trademark

Discussion in 'Domain Names & Parking' started by tomagio, Mar 28, 2017.

  1. tomagio

    tomagio Newbie

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    Hello,

    i've bought domain zoio dot cz few weeks ago and now company from Poland which runs zoio dot ** wants to buy domain from me (they are running big online fashion store in poland and propably wants to expand in czech republic). They informed me that they have trademark for that domain, but i did research and found nothing.

    After i informed them about unregistered trademark, they told me that they are in process and they will have it in few weeks and they are offering 100usd for domain.

    Do they have right to take my domain even when i registered it before trademark?
    For how much would you guys sell that domain?
     
  2. Nut-Nights

    Nut-Nights Jr. VIP Jr. VIP

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    You need to contact lawyer in your country to know about this "Do they have right to take my domain even when i registered it before trademark?" But i think if trademark application is in process, they cant take your domain easily. Its depend on lots of things like when you register it etc But i am not sure on this.
     
  3. bendutchman

    bendutchman Regular Member

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    You need to show your intention for this domain. If you have a legitimate reason for it, then it will be hard to take from you.

    The reason is that a trademark is registered to a class. ie plants and or seeds that class is 32 in Australia. A fasion label woukd be a diffent class. A domain name is just a form of advetising. As long as you are not selling fasion, they cant do shit.
     
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  4. ziy1978

    ziy1978 Jr. VIP Jr. VIP

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    1) nobody can't just took your domain
    2) if you not agree with Polish company then possible they initiated WIPO dispute - it's will cost for their side as minimum $1500 for arbitre, but that increase possibility positive result they must use lawyers (it's also extra money) - you don't must pay nothing in this case - http://www.wipo.int/amc/en/domains/guide/#b3
    so as minimum you can agree for $1000 that they don't lost time and money because even if they wil try took domain through WIPO it's don't fact that will receive his if they spend money, arbitre can decide that you have rights for domain, but it's will depend how you use his and important what you write in your reply
     
  5. ziy1978

    ziy1978 Jr. VIP Jr. VIP

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    but you must mean important moment, that they must prove next moments:
    (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
    (2) Respondent has no rights or legitimate interests in respect of the domain name; and
    (3) the domain name has been registered and is being used in bad faith.
    and very important that they must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred
     
  6. Sephrata

    Sephrata Senior Member

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    I checked the Czech and Polish trademark sites and there doesn't appear to be anything registered under the names Zoio or Multi Brand Group Monika Chomicz.
     
  7. MisterF

    MisterF Jr. VIP Jr. VIP

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    If you are going to use it in a totally different niche, then they have little cause for pursuing this. If you are doing roofing supplies or baby cribs and they are a fashion brand, then there is no way people can mistake you as representing them or passing yourself off as their company.

    This sounds more like them trying to pull a fast one via a scare tactic to get the domain cheap.

    Either hold onto it and use it or go back with a counter offer of $5k and negotiate down a little if you want to do so.

    Check out some of the replies above and if need be, see if you can get a free 15 minute consult with a solicitor/lawyer.
     
  8. in most

    in most Junior Member

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    these damn losers are trying to scare you to get the domain cheap
    what the hell!! their trademark is on the process?
    you have the right to save the domain for you as long as you own it before they have the trademark this is point 1
    point 2 even if they have the trademark they cant take the domain easily because it's on different extension.. different country..(this case if they have a local trademark)
     
  9. Sephrata

    Sephrata Senior Member

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    There is a Czech domain dispute arbitration process (google "soud domain name dispute"). I doubt they would even go done this route though.
     
  10. bignose

    bignose Jr. VIP Jr. VIP

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  11. Suppawi

    Suppawi Registered Member

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    They are just on the way to trade mark it. So, They can't take it from you. It's already your own unofficial trademark.