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what can i do now

  • 04-01-2006 10:21pm
    #1
    dbnavan
    Registered Users, Registered Users 2 Posts: 1,610 ✭✭✭


    I have just found out that a website is available which relates to an internationally owned product, it relates to a product name, eg www.marsbar.com, www.bottleofbud.com but not that, not saying for legal reasons just yet, cause I dont now if i am violating law, can i sell this domain to the company or can they just take it from me under copyright law.

    could say nothing and stick it on ebay?


Comments

  • #2
    CuLT
    Subscribers Posts: 9,716 ✭✭✭CuLT


    Have a read if this: http://www.irishstatutebook.ie/1996_6.html , might have some answers if nobody can supply (with proof) an answer for you.


  • #3
    mneylon
    Registered Users, Registered Users 2 Posts: 7,740 ✭✭✭mneylon


    If you register the domain name purely to sell it on to the trademark holder it would be considered bad faith and the trademark holder could opt to take legal action against you.

    Blog | Tweets



  • #4
    rsynnott
    Registered Users, Registered Users 2 Posts: 4,003 ✭✭✭rsynnott


    dbnavan wrote:
    I have just found out that a website is available which relates to an internationally owned product, it relates to a product name, eg www.marsbar.com, www.bottleofbud.com but not that, not saying for legal reasons just yet, cause I dont now if i am violating law, can i sell this domain to the company or can they just take it from me under copyright law.

    could say nothing and stick it on ebay?

    ICANN tends to rule against clear domain squatters. You might also be violating trademark law (not copyright law; a name is not generally considered copyrightable).

    If it's an ie domain, you're even less likely to be able to hold onto it.


  • #5
    dionsiseire
    Registered Users, Registered Users 2 Posts: 3,182 ✭✭✭dionsiseire


    garunteed to loose the domain.

    if its anything like marsbar.com if completely infringes on trademark and also could create brand confusion, also offering to them is deems cyber squatting and you could be done for buying with intent to resell to the injured party at profit.

    if you own it, then make a site unrelated about it, or a fan site of the product.

    a mate of mine got a legal letter from xanga stating he is infringing on trademark with a domain that starts with xanga but is nearly 16 letters long.

    he has not made a site with it and doesnt want the hassle so he is just going to try get his registration fee back off them

    but it shows what these companies are willing to sue over.

    Ford are currently crushing the owner of ford.com and by the looks of it have won. there is a company named after its owner, his surname is Ford. clearly has a name entitlement to the domain but the trademark of the name ford
    FORD MOTORS have launched case and appeal several times to the point where this persona cannot afford to fight it any longer and looks to have given up the domain to FORD.

    it just shows what can happen


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