Knowledge Base Registrar Indian Domains > F.A.Q : Domain Names and legal disputes

F.A.Q : Domain Names and legal disputes

1.	domain name that is the same as a trademark I own. What can I do?"> What can I do if somebody has registered a domain name that is the same as a trademark I own?
2.	domain name that is a trademark of a large company. Can I sell it to them?"> Can I sell the domain name I own which is a trademark of a large company, to the company?
3.	domain name that I know is the trademark of a large company. Is this going to make me rich?"> Is registering a domain name that I know is the trademark of a large company going to make me rich?
4.	domain name infringes their trademark. What should I do?"> What should I do since a company has sent me a polite/insistent/threatening letter claiming that my domain name infringes their trademark?
5.	domain name disputes?">Where can I find more information about domain name disputes?

domain name that is the same as a trademark I own. What can I do?"> What can I do if Somebody has registered a domain name that is the same as a trademark I own?
First, get in touch with a lawyer! Second, don't expect to automatically have the rights to that name. The issue is a very gray area at the moment. DON'T fire off angry letters to the owner threatening all manners of retribution unless they hand over the name. Get legal advice instead. One more thing: InterNIC has a procedure for filing complaints. Use it.

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domain name that is a trademark of a large company. Can I sell it to them?"> Can I sell the domain name which is a trademark of a large company, to the company?
Definitely not under any circumstances. If you approach a company with the intention of selling them a domain name that infringes on one of their trademarks, you are basically admitting that you registered the domain name for that purpose i.e. to profit from a trademark infringement. This is one of the easiest ways to lose a legal battle before it has even started. Better to wait until the company comes to you. Best not to get involved in trademark disputes at all.

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domain name that I know is the trademark of a large company. Is this going to make me rich?"> Is registering a domain name that I know is the trademark of a large company going to make me rich?
This will definitely make you the target of a lawsuit, but not rich. The problem is that two or three years ago, when the domain market was much smaller and companies were just feeling their way tentatively, it was indeed possible to turn a quick profit by selling an unwary company its own name back. Now companies have become wiser, precedent has been set, and you are likely, though not certain, to lose any ensuing legal action. Don't waste your time and money, find safer names.

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domain name infringes their trademark. What should I do?"> What should I do since a company has sent me a polite/insistent/threatening letter claiming that my domain name infringes their trademark?
First, talk to a lawyer! Second, don't expect that they automatically have the rights to that name. The issue is a very gray area at the moment. DON'T fire off angry letters of your own threatening all manner of retribution unless they stop hassling you about the name. Get legal advice instead.

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domain name disputes?">Where can I find more information about domain name disputes?
The Domain Threads section of this site contains lots of information about domain name disputes. You may also find some useful information in the Links section of this site. A great site to visit is ReignYourDomain -- it is packed full of information about dubious practices in the domain name industry.

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