Trademark domain question

So if the trademark XYZ is registered in the USA and i see XYZ.com available for sale , i purchase that domain. I am not from the USA and Company XYZ do not have that trademark registered in my country, so in that case will the company XYZ be able to take back the domain from me legally?

Also our product will be totally different from what the company XYZ sells

Thank you

leena said:

So if the trademark XYZ is registered in the USA and i see XYZ.com available for sale , i purchase that domain. I am not from the USA and Company XYZ do not have that trademark registered in my country, so in that case will the company XYZ be able to take back the domain from me legally?

Also our product will be totally different from what the company XYZ sells

Thank you

Click to expand...

I wouldn't risk it you might spend a lot of time and effort and they will sue for the domain

will the company XYZ be able to take back the domain from me legally?
-NO!

Yes they can doesn’t matter if it’s a different industry or country. There’s ways to enforce and I’ve been thru it first hand.

ive been through this.

they can only take it back if your service/product is similar and people may confuse you for them.

so there isnt a yes or no answer.

its a matter of whether their legal team can make the people who decide (forgot their name - this doesnt go through courts. its a special domain body) see this

It depends...

leena said:

So if the trademark XYZ is registered in the USA and i see XYZ.com available for sale , i purchase that domain. I am not from the USA and Company XYZ do not have that trademark registered in my country, so in that case will the company XYZ be able to take back the domain from me legally?

Also our product will be totally different from what the company XYZ sells

Thank you

Click to expand...

It depends on:

• Them suing you
• The court of jurisdiction
• The registrar
• The actual trademark
• The countries involved

I own a number of .com trademarked names (commericial) in the USA and the companies are in the USA but have yet to be actually sued.

I have had companies hire attorneys and contact me DEMANDING that I immediately turn over their trademarked domain names. In each case, I fired back, "basically" telling them, "I'll see them in the court(s)!" I went back and forth with their attorneys but never ended up going before a magistrate.

Suing someone is costly; suing someone concerning trademark issues is EXTREMELY COSTLY. And! Just because they have a trademark does not guarantee that they will win.

Hope that helps