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GoDaddy user reviews : Great idea to purchase GoDaddy?? IDN Question

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Let say there is a company that's called "Cucumber" and they manufacture cars and of course their website address is cucumber.com and let say that I have a domain name that is also called cucumber.com but spelled out in a different language.... Do they have anything on me?.

And let say I would like to sell that domain name, what's the best way to do so?.

Is soliciting them a good idea?..

Comments (6)

Very likely. Bad idea.

You may want to read some of the threads in this forum as well as the threads stickied to the top.

(disclaimer: I'm not a lawyer and even your lawyer couldn't answer the question(s) properly without knowing the specifics)..

Comment #1

Very likely bad advice...

This isn't exactly a new and untread issue..

The issue of trademark purview is an interesting one. When people are granted trademarks on words/phrases that are otherwise common, they do not have infinite claim over all uses of those words. They certainlly have claim to uses of those words as it pertains to their business and probably, their industry, but no, Cucumber Cars does not have unlimited claim to the word 'Cucumber'.

Of course, if you own Cucumber.com and make it into a site that revolves entirely around their brands and products, that would very likely constitute trademark infringement, not because of your passive ownership of the name, but because of how you used it.

If you read through court cases and UDRP decisions, while there are some glaring divergences from trademark 'logic', generally, no, you aren't going to be held liable for simple ownership of a generic term, just because a trademark holder incorporates that term into a brand or product...

Comment #2

Thank you Fellas, Another question, If someone is in different country(Say,Cambodia ) how can they rise a case against them ?

Comment #3

It appears to me that you know you are doing something wrong here and are just trying to find out if you will be caught or not.

It almost appears as if you are almost reverse domain hijacking without the hijacking part...

Comment #4

Very true - IF we're talking a generic/descriptive phrase (and if it were truly generic or descriptive there would be no tm in the US at least - the USPTO would throw out the registration application unless the applicant could prove otherwise).

He/she didn't say this was a generic (though he used a generic word in the example) - sounded like the poster is asking about an IDN spelling of an auto manufacturer's name. And I can't think of any car manufacturers off hand whose company names have that weak of a name from a tm standpoint - the ones that immediately come to mind are fanciful (made up word - the strongest type of tm).

If you direct the domain to a blank page and don't try to sell it, there may not be much they can do. But not much point in that, is there?.

Have to agree with cwinhall - sounds like you know you're doing something dodgy and are trying to find out how best not to get caught - I hope I'm wrong ...

Comment #5

Thank you Fellas, please don't get it all twisted up in here, (Some can take it as indirect insult).

First of all my questions are about INTERNATIONAL DOMAIN NAMES , There are't many topic that are discusses here about themI my self own a few of them in my own language that are too generic of a term and many of the issues that are discuses here are U.S related.

I was not really aware of domains infringement and hijacking till I stumble on this site, I am not from the U.S and this domain phenomena is totally new to us , I have never heard of any cases or laws in my country about such things.

And since I own a few generic domain name that are IDN ,my curiosity to protect my self led to ask many questions such as if someone or I got beef with me/them , how will this be dealt with? What court is going to send the subpoena? and under what laws? and How will I know if I was infringing on someone?..

Comment #6


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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