Is it copywright if you domain/company name is...

upncmnhistori

Is it copywright if I have a domain name/company name in Ireland that is the same one in a different country? Like what if my domain name/company name is the only one available in Ireland but taken in the US/UK?

miju

short answer no, you can see plenty of decisions from the IEDR against companies / people who have registered .ie domain names like google.ie

upncmnhistori

miju wrote: »

short answer no, you can see plenty of decisions from the IEDR against companies / people who have registered .ie domain names like google.ie

IEDR?? well thats good at least now I can go ahead with my business this week or so.

miju

upncmnhistori wrote: »

IEDR?? well thats good at least now I can go ahead with my business this week or so.

IEDR = http://www.iedr.ie IE Domain Registry

GerardKeating

upncmnhistori wrote: »

Is it copywright if I have a domain name/company name in Ireland that is the same one in a different country? Like what if my domain name/company name is the only one available in Ireland but taken in the US/UK?

Depends. If we are talking of big international brand like Gucci/Levi etc then no, esp if your domain was in the same business.

mneylon

Be careful

If the existing competing domain is a trademarked term you could end up in a world of pain

upncmnhistori

Blacknight wrote: »

Be careful

If the existing competing domain is a trademarked term you could end up in a world of pain

I was thinking that alright. Basically the 'name' I like is 'ie' available but the '.com' isn't. The '.com' comapny is trademarked in the states though with logo which I found out recently. I wanted to be careful before I took an action on it.

jmcc

upncmnhistori wrote: »

I was thinking that alright. Basically the 'name' I like is 'ie' available but the '.com' isn't. The '.com' comapny is trademarked in the states though with logo which I found out recently. I wanted to be careful before I took an action on it.

Trademark issues can, as Blacknight above pointed out, be a bit of a minefield. If a large multinational operates in the Irish market, then it may well have an Irish trademark or a Community Trademark (CTM). Registering the .ie might be a problem. Facebook, Adidas and others took and won dispute proceedings against those who registered the .ie of their trademark. Also just having a registered business name confers no rights in trademark terms. It is a very complex field even for those in the legal profession and those dealing with the domain business.

Regards...jmcc

jmcc

miju wrote: »

short answer no, you can see plenty of decisions from the IEDR against companies / people who have registered .ie domain names like google.ie

IEDR does not make decsions. These are disputes that have been decided under IEDR's dispute policy.
Explanatory note:
http://www.iedr.ie/?q=node/33

The policy:
http://www.iedr.ie/?q=node/34

Some of the decisions have been to do with abject cybersquatting but some are more complex than that.

Regards...jmcc

mneylon

A lot of companies won't register domains in every extension, but even if they don't have a registered trademark they'd stand a pretty good chance of winning a UDRP ..

Of course it depends a lot on how "unique" the term is

Skype, for example, is pretty unique but other, more "generic" terms would be harder to defend ..

miju

jmcc wrote: »

IEDR does not make decsions. These are disputes that have been decided under IEDR's dispute policy.
Explanatory note:
http://www.iedr.ie/?q=node/33

The policy:
http://www.iedr.ie/?q=node/34

Some of the decisions have been to do with abject cybersquatting but some are more complex than that.

I'm aware of that but given the OP didnt know who the IEDR were I thought it best to keep it simple

ted1

My mate sold grabone.ie for 20k he saw them in New Zealand and had planned to use it in Ireland IEDR ruled that registering in one country does not give rights to our extensions.