Trademark can force cyber squatter to give up domain? - domain squatting microsoft fort wayne
Is, if you select a sentence and someone is cyber-squatting on domain, you can allow me to make my mark, leave the domain name?
Wednesday, February 17, 2010
Domain Squatting Microsoft Fort Wayne Trademark Can Force Cyber Squatter To Give Up Domain?
2 comments:
Read first and if it is (in accordance with the UDRP domain name dispute resolution is often referred to as UDRP), a procedure established by the Internet Corporation for Assigned Names and Numbers (ICANN) to handle the abuse of field-mark .
http://www.icann.org/en/udrp/udrp.htm
Apparently, the time the record is playing and if the domain owners of the domain before the letter purchased. You need to prove that the person who bought the domain in bad faith
The http://www.uspto.gov/web/offices/dcom/ol APAC ... There are nine non-exclusive factors in May that the courts consider to determine whether the applicant with the intention to have acted in bad faith:
1. Trademarks or other intellectual property rightsPerson, if any, the domain name;
2. because the domain name is the name of the person or a name, or are frequently used to identify that person;
3. The earlier use of the person, if any, of the domain name in connection with the bona fide offering of goods or services;
4. Not bona fide commercial or fair use of the mark in a site accessible under the domain name;
5. This person will divert consumers to the online location of the owner of the mark in a site accessible under the domain name, business or goodwill could harm represented by the mark, whether for business or to discredit or harm the brand by creating a likelihood of confusion regarding origin, SPOOWS is identical or very similar to other brands, at the time of registration of domain names or dilution of famous marks of others that at the time of registration of these domain names, regardless known are unique products or services of the participating companies and
9. the extent to which the mark is included in the registration of the domain name of the person or not distinctive and famous.
Cybersquatting is better served by filing a complaint with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center http://www.wipo.int/amc/en/. The cost is about $ 1500 fee for filing a complaint with the basic principles of WIPO UDRP.
Since leaving not make use of the word before their presentation of the brand the area. In fact, it has a strong argument for your brand be declared invalid.
Hope this helps
Jerry-the-book
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