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US trademwark

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Topic: US trademwark
Posted By: huwnet
Subject: US trademwark
Date Posted: 04 December 2004 at 7:38am
If I register a .com domain name from the UK can I be sued for US trademark infringement? Confused



Replies:
Posted By: xeerex
Date Posted: 04 December 2004 at 10:56am
first...IANAL

Not generally.

What would happen would be if you registered something that has an exisiting US business considered close to their trademark, then they would file a complaint with ICANN. This would go to arbitration and be worked on there as a general rule. ICANN is the group vested with the authority on names, etc.

Now, if you registered a name and put up a site with copy/pasted content from a site, then they may try to sue your for copyright infringement, which is different from trademark.

Here are some helpful links:

http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm - http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm

http://www.icann.org/udrp/udrp-policy-24oct99.htm - http://www.icann.org/udrp/udrp-policy-24oct99.htm


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Posted By: huwnet
Date Posted: 04 December 2004 at 1:02pm
thanks


Posted By: Bluefrog
Date Posted: 05 December 2004 at 10:51am
Reminds me of Mike Rowe... That was just silly, but I understand MS having to do it...




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Posted By: Gullanian
Date Posted: 05 December 2004 at 12:54pm
That was hillarious!  I don't understand it at all, if they'd done a tiny bit of research they would of known Mike Rowe was his real name and dropped it at that.


Posted By: huwnet
Date Posted: 05 December 2004 at 1:45pm
LOL haha! He still got lots of goodies in exchange for a £7 domain name


Posted By: dpyers
Date Posted: 05 December 2004 at 10:35pm
MS was between a rock and a hard place on that one.
 
If you don't defend a trademark, you can loose it - and I believe that applies to phoenetic trademarke infringement, not just textual infringement.
 
The MS stockholders would be very pissed if MS lost it's trademark because of some kid in Canada. The bad press was a small price compared to the potential drop in stock price - lol.
 
Still, wish I had thought of it and got that load of goodies Wink.


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