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  #1  
Old 03-23-2014, 01:25 AM
taranum taranum is offline
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Trademarks used in domain

I have local business in Afghanistan and registered domain name that contains Revit word. Recently I received couple of emails from a source raising trademark issue and asked me to transfer voluntary this domain.

I rejected; Can they get this domain legally without my permission?
 
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  #2  
Old 03-24-2014, 06:59 AM
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Katt Katt is offline
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If I were you I would not voluntarily give up the domain. There have been cases where a court ordered someone to give up a domain because of trademark, but I don't think it happens often.

Not to mention - are you sure these emails are even coming from someone with a legitimate claim to the trademark? I sometimes get scammy emails like this and ignore those too.
 
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Old 03-24-2014, 08:51 PM
taranum taranum is offline
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Quote:
Originally Posted by Katt View Post
If I were you I would not voluntarily give up the domain. There have been cases where a court ordered someone to give up a domain because of trademark, but I don't think it happens often.

Not to mention - are you sure these emails are even coming from someone with a legitimate claim to the trademark? I sometimes get scammy emails like this and ignore those too.
I will not give up and lets see if they can get it through court or not. I asked them to pay me in return (my demand) but they are not willing to do this.

Yes these emails are coming from right person. I searched about it.
 
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Old 04-09-2014, 06:08 AM
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Jasonsmith21 Jasonsmith21 is offline
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These emails are coming from the right person, so they have all the right to take your domain if you they have proper registered trademark for this domain. They can drag you to court and get your domain and also legal penalty for this. The best way should be to negotiate with them on some terms and find a middle way.
 
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Old 04-09-2014, 06:43 AM
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Katt Katt is offline
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Originally Posted by Jasonsmith21 View Post
They can drag you to court and get your domain and also legal penalty for this.
I don't know about Afghanistan law, but in the US I've only seen damages awarded when cybersquatting was involved.

Here, if you have any good reason for owning the domain (it's relevant to your website somehow) it's unlikely a court would even order relinquishing the domain, much less punitive damages.

Again, this is US law so you should check on Afghan law, but most cases of courts ordering someone to relinquish a domain have to do with cybersquatting (where you bought the domain not to use it but to try to sell it to a trademark holder) or where the court determines that your website could lead to trademark dilution (and this rarely occurs unless it is a famous trademark).

If this is a big company with lots of money, you might consider trying to work out a deal as Jason suggests, but if it's small and you actually have a website that is relevant to the domain name, I wouldn't give in. But that's me and remember, I'm NOT a lawyer.
 
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Old 04-13-2014, 07:04 PM
James212 James212 is offline
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in my country (indonesia) the one who have more money wins the domain
 
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Old 04-14-2014, 12:09 AM
taranum taranum is offline
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I negotiated with them and they are asking to transfer this domain voluntary which is funny. I am sure there is no law in Afghanistan related to this. We are going to final it this week and will share the result here.
 
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