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  • continue contract with yahoo register domain (In: Domains, Hosting, DNS and Server Issues)
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    jjorda
    Joined: Jul 12, 2004
    # Posts: 1

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    Posted: 2005-Mar-31 15:29
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    Maybe someone out there can settle an argument for me:

    A friend of mine purchased .net and .org domain names - the .com version of the domain name was already taken by the company who owns the brand's name (included in the domain name).

    He never intends to put up a web site under either of the domain names. His sole intention was to grab them when he saw them available, with the hopes that the company will realize it, and offer him money for them.

    Is this legal or trademark infringement?

    Thanks for the help!



    OAC
    Staff
    Joined: Jan 25, 2001
    # Posts: 6805

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    Posted: 2005-Apr-01 02:49
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    Without knowing all the facts, here is the probable scenario:

    It cannot be an infringement until he tries to use those domains in the same type of business - just owning them does not constitute an infringement.

    They are worthless if they are not used and when he tries to use them the owner of the trademark is likely to take action against him for "passing off".

    Trademark law is quite complex and there are now an increasing number of domain name registration cases that have been resolved by WIPO. You may find this URL of interest: [link]


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