Be patient... sometimes it takes more than few hours to get an answer...
I apolgize for not being up at 3:30am to give an answer, I also apologize for getting ready for work and going to work when I woke before reading your thread...
Do a call and ask them - without telling them anything-.
If they have a site...or, if they plan on building one anytime soon..
If they say no,.
Then how can they claim it?...how can they claim it anyway, the tm is on the company not "the .com"...besides, how long has company been in business?...I'm sure they know about the internet, if name not gone yet.
It would mean to me that their not interested. - just my opinion-...
True, but they may get an interest in the future - the company grows or hires someone who actually knows, what a domain name is. And then they may demand the domain to themselves...
This is just another IF from binaryman who doesn't bother to read all the posts here already concerning matters like this.
But hey..here is what I think.
TM law wasn't created for the web. TM law was created for the REAL WORLD and it applies to the web. So if someone has a previously registered business and you have the domain for their TM then OF COURSE you could lose the domain. That's the whole point of TM law!!!..
You also have to considder since we are talking about a generic name it is public domain.
A name like Google is not public domain because it's not generic as for instance the word blue is generic, therefor it really depends how you define generic.
Some things just don't apply to trademark law.
I'll give you a PM tomorrow Fred about a agency that you can contact with this question..
I had a similar issue once and asked them what the deal was and they told me over the phone a thing or two.
I'm of to bed now since it's almost morning and I have been up all night and need some time to look it up.
But my oppinion is that if it is a real generic name then you would be in the clear...
Also you have to consider that TM law usually considers one country, web is global.
Think about ths scenario - there is company called X in lets say India, established in 1960, no web no nothnig and then there is company X in lets say Columbia established 1995 and who registered domain X in 2000.
What will happen if indian company X starts demanding the domain to themselves? Both have same name, and in their countries the name trademarked?..
^^^^NEWBIES AND BINARYMAN...PLEASE READ THIS LINE 10 TIMES!!!!!!!!!!!!!!!!!!.
Labrocca, this is one of the best statements I have read in a long time. I wish I would have laid it out that way. But if you don't I will use this in the gazillion response from posters who don't bother to read or research TMs.
Countries will recognize other countries TMS.
"Generic" is a relative term. Too many people use the word "generic" to try to get away with TM infringement. As always used in examples "WINDOWS" "APPLE" "CHEER" ARE TRADEMARKED!!!!! but they can be considered "generic" in nature, but in accordance to law, they are TMs and subject to TM protection. Since the poster is not listing thier "generic" term, chance are he already knows it is TMed (along with the 99% of TM questions on this site).
It does not matter if a company wants a web presence or not. If a person registers a domain name of their TM, they are infringing. The company does not need to explain why they do not want an internet presence. Well, since the web is global, doesn't that mean there is a web presence in the country where the TM is located? Would that not be considered infringing? And if so, wouldn't the TM holder have a claim?..
What I ment is how could a company that operates ONLY in country A know anout a company called A operating in another country in another side of the world?.
Same ideas about websites. xyz.__ could be a wellknown site/product/TM in one country. In some other country the same combo could be totally unknown.
Good example is portal DELFI opreating in 3 baltic countries: www.delfi.ee www.delfi.lv and www.delfi.lt.
My ex employer also registered russian domain www.delfi.ru and www.delfi.net but there is no russian site. Really big portal in 3 countries.
What about sites www.delfi.de www.delfi.se www.delfi.org www.delfi.com.
Who should and could demand others to shut down their sites???..
Thanks DNQ for the compliment.
A WIPO would ensue for the domain and if the domain holder has legit rights then they may end up keeping it. Then if the complaintant still wants to pursue legal action it would have to be in court. There are many instances of similar situations. It's not a big deal really. Also the OP was not asking about that situation...
If a party feels someone is infringing on their rights, then it's their burden to.
Prove such. If the complaining party's successful, then it's the respondent's.
Turn to prove otherwise.
One "famous" example is Stelios Haji-Iannou going after those whose domain.
Names bear the word "easy". Stelios is using any and all means money can buy.
To at least try to grab those names...
So whoever owns (for example) slEASY.com is in serious danger?..
Hell..everybody..thanks for the tremendous response. This was my very last TM related question. wink nudge nudge..Labrocca you are a patient man..so is everybody here..and friendly and helpful.. So now no more TM issues from me unless of course I should get involved in one personally which is unlikely now...
I'm wondered something like this myself...
Say some guy bought a domain 4 years ago, and never really did anything with it, then some other guy, gets the idea to start a business and just happens to name is the same as the other guys domain. He has his company name TM and then one day decides he wants a website, and notices this guy owns the domain. Can we demand the domain because he has the TM, even thought WHOIS clearly shows the domainer owned the .com long before the company was formed?.
(sorry if that was confusing)..
Not confusing, but covered a zillion times already on this board.... You have to show bad faith at the time of registration, since the company was not around, they canno prove bad faith.
Do a serach on "TM" and "rademark" in this forum and you will have reading material for several days..