Trademark Domain Names

[dominique355]

You're example is still trademark infringement.

No it's not if the domain was purchased in good faith and is unrelated to the trademark owner.

For example:

ABC.com sell empty beer cans, and has a trademark on "ABC"

I buy AB-C.com and start an online dating website; without any knowledge about ABC.com trademarks etc..

No customers could get confused between the two companies as they are running totally different businesses. ABC.com would have to prove bad faith (such as me planning on selling my own empty beer cans, or me only using the site as a parked advertising placeholder to capitalize on ABC typos, etc..)

P.S. To the OP I would make sure I put up a quick HTML page on your domain (NO ADS) which says something like "This is the future home of XYZ, we will be doing this and that etc..".

Again this all assume that you will be running a different business from the complaining company.

While it is true that normal trademarks are protected against identical and confusingly similar trademarks used for the same or similar goods or services, this rule does not apply to so-called famous (or notorious) trademarks. If a trademark is qualified as "famous" (e.g. Coca-Cola) its scope of protection extends to all kind of goods and services.

This also depends on the national legislation, i.e. the country where the trademark is registered and where the alleged infringement takes place. Remember: the scope of protection of a trademark covers only the country where it is registered. In other words, a trademark registered in USA, but NOT in Thailand, has no effect in Thailand.

The problem is that while trademarks are territorially limited, domain names are not. Any domain can be accessed from anywhere in the world. So even if a trademark is not registered in Thailand, the domain owner in Thailand might infringe the US trademark with his domain name. (Because the website behind can be accessed in USA as well).

Trademark / domain name conflicts are very delicate and complicated. Better seek advice from a professional.

While true, don't forget that a trademark can be internationally registered in all member countries of The Madrid Protocol, with a single application.

It probably comes as no suprise to many that Thailand has not signed up.

Yes, the Madrid Protocol provides a single application (and publication) but that's all. Examination is then on the national level and and rights conferred are also according to national law.

For a domain name / trademark dispute it makes no difference how a trademark right has been secured, national, regional (Community mark) or international.

[klikster]

I'm not suggesting that the OP is fabricating this scenario .. but TV seems to be a common venue for advancing certain stories that are "proven" with false information, NDA's, suggestions and innuendo.

One that comes to mind was a Youtube video of an "investigation" into how missionaries in the North are sexually exploiting children on a massively organized scale -- with the support of the local police. One interview with a supposed predator was nothing but smalltalk and suggestions about "things". Another was a telecon with an "informant" who supposedly feared for his life .. yet never said anything of substance about the criminal activity.

Maybe the OP did as is suggested in this thread. But OP provided no facts or evidence.

Maybe it happened -- or maybe it was a troll.

[samsiam]

I'm not suggesting that the OP is fabricating this scenario .. but TV seems to be a common venue for advancing certain stories that are "proven" with false information, NDA's, suggestions and innuendo.

One that comes to mind was a Youtube video of an "investigation" into how missionaries in the North are sexually exploiting children on a massively organized scale -- with the support of the local police. One interview with a supposed predator was nothing but smalltalk and suggestions about "things". Another was a telecon with an "informant" who supposedly feared for his life .. yet never said anything of substance about the criminal activity.

Maybe the OP did as is suggested in this thread. But OP provided no facts or evidence.

Maybe it happened -- or maybe it was a troll.

I think a troll would have gone with much bigger bait than a figure less than $10k.

[jaysun]

i would guess it was a legitimate question by a veiled cybersquatter, and once he started getting negative opinions he turned troll

[RedCardinal]

Thank you guys Since now i see it as a profitable ways to make some quick bucks with domain names. I am going to use the money i received from selling the domain to do more research and buy more domains...

After reading all the threads that posted by you guys i thank you for this very knowledgeable ideas and advice. And will start buying lots of so called trademark domains.

Well there's nothing to lose, $9 for a domain is not that big. After all i could just lose $9 or worst comes settle it outside of court.

Just an idea

A really bad idea... Most mark holders wont be as nice as this one I can assure you.

[JakeBKK]

register a thai trade mark (( i filed yesterday for thaivisa t-shirt's ) just kidding op's ) this is 500 thb for one class.