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In my exitement I registered a CC TLD that is trademarked. Couldn't believe that it wasn't registered.

Can they do something against me for the CC TLD?.

What is the best way to go now?.

All opinions appreciated...

Comments (27)

I will forge my address (if I loved the domain, else ignore their mails)..

Comment #1

That is not a solution. In fact it is a very bad idea, and very irresponsible to give in the legal section...

Comment #2

Oh?.

My country allows it.

I am plannin to reg google .***??..

Comment #3

What a load of crap! That's what happens when kids think they know legal issues.

You can be criminally prosecuted here for a comment on your site by a visitor, let alone spoofing a brand name.

All countries follow copyright laws, India inclusive. You might think "but the courts are so slow... what will happen", see what is happening around you and grow up.

I'd suggest you read this properly - http://www.mit.gov.in/default.aspx?id=321.

IT Act 2006 and all it's notifications.

Then this - http://www.inregistry.in/policies/di...solution/indrp.

Then get familiar with the people who could be paying you a visit - http://www.cybercellmumbai.com/.

India is particularly strict about cyber crime and unlike other countries, copyrights fall under this purview and if you try to 'counterfeit' a product / service / website you could be prosecuted by these people.

You really think it's a joke? Already forgot what happened to the eBay India CEO for allowing counterfeit goods to be sold on his site? Keep such harmful advice to yourself, or better yet, get in touch with a lawyer and he'll tell you what it could 'cost' you...

Comment #4

Oh wow?.

I already own some TM'ed domains since 6 months..

Comment #5

The shit needs to hit the fan just once.

Just because you have not been yet is not guarantee against it ever happening.

In time most companies will come after tm and typo names...wouldn't want to be in your shoes then...

Comment #6

TWIX - Read my sig... it will help alot.

Montsa007 - I also suggest you not post in the legal section until you learn. Refer to the comment I sent twix, you really need it.

Just because you are not caught does not mean that what you are doing is legal...

Comment #7

Regging TMed domains are not good. I must admit I registered TMed domains, but it was out of curiosity, and I am willing to give those names up if the TM holder wants it...

Comment #8

Wow.. congratulations. You are definitely a better domainer than most of us who don't have the courage to register other's property.

Above all, you are even proud of yourself..

You would better take your time and read the legal section. Read the links mwzd gave you. Read before posting a comment.

Ignore their mails... what a strategy. You studied law, right? Otherwise I can't explain how on earth can you give such an advice...

Comment #9

Oh and btw, if you are squatting on airtel.in or hutch.in typos like airtek.in or huch.in be prepared for a visit very soon.

I've been told by a reliable source that qwerty typos will be the first to be investigated and the company hired to do them is the same as for the audio industry. Where over 400 people are already in jail for copyright infringement.

Good luck with your tm's... you're going to certainly need it...real soon!!..

Comment #10

Oops, duplicate post.. didn't want to violate copyright my own post lol..

Comment #11

I think the best thing you should do if a company comes after you for a tm name is just give them the domain. It will save you lots of money and legal problems...

Comment #12

Well it's 'only' three years imprisonment for audio/video piracy.

But you wouldn't want to be in for that would you.

India's funny like that, they cant catch everyone, so those they catch they prosecute...

Comment #13

Kindly post back in the next 6 months or so if ever you're caught. Others will.

Surely want to hear from you.

Other newbies reading this would do well to think long and hard before taking.

These kinds of posts at "face value" because it's your arses on the line...

Comment #14

Thats the smart thing to do. But what about other legal damages and hassles?.

Why book them to start with, for the $5/mo. you make off them?.

It's just bad business sense. Short term thinking at best...

Comment #15

I was saying, there are 400 people in jail over copyright infringement?..

Comment #16

At least 400 caught by this company alone and there are multiple companies here. For audio / video / copyrights / trademarks / service marks etc. To put it in perspective, Airtel and Hutch alone have over 2,000,000 cellphone subscribers each. That's a lot of monthly revenue imho.

Unlike other countries, here you can take the police along for a copyright raid (or send only them), was some info the other day about a shop selling fake LV luggage/bags, put the owners and the workers behind bars.

I don't think they'll go straight away to the police for typo domains but if you ignore their C&Ds they will definitely approach the .IN Registry and it's not that difficult for the Registry to find out who really booked the domains - after all you do have to pay for them - am very sure most registrars will comply or risk losing their registrar status.

Electronic trails in fact are a lot easier to follow than physical clues. A lot easier than most people think they are.

Thus you not only leave yourself open to losing the domains, the companies might well push for civil and/or criminal cases. And they have the wherewithal to follow through on this.

At least I would never want to be inside a prison, Indian or otherwise...

Comment #17

That's pretty cool. I wonder if the addition of jail time would deter the registration of TMed domains? So that could be something new to add to the list of "what could happen...?" appearently, having to pay a ton of cash don't scare people...

Comment #18

Well it doesn't stop people from stealing or killing.

Laws exist for that. But it's a deterrent for legitimate companies/people.

Those who think they are above or beyond the law enjoy the benefits, till it catches up with them...

Comment #19

Thx all for the answers on my question. all minus one ;-).

Will just let it expire - thx again..

Comment #20

I've read that it's worth a shot to tell them you were going to develop it as a fan site and see if they would be willing to give you a few bucks for it since it will cost them thousands to fight out- even if they can win easily... and in the end, the worst that will happen is you will have to give up the domain. I'm sure this advice more applies to the US though...

Comment #21

If you are going to dig up an old thread, please be considerate and read the whole thread. Cybersquatting thinking like yours and drive someone to bankruptcy if you meet the wrong TM holder. Additionally, you can lose if you are in a foreign country, look at Bodog.com, they lost an asset seizure because they thought US laws did not apply.. boy was he wrong...

Comment #22

I didn't read through the whole thread? Wow, I didn't know you were standing over my shoulder watching what I was doing. I did actually read every post in this thread before posting that. You really shouldn't act on assumptions...

Comment #23

No assumption made, I just read you post, that is all I needed. Obviously you missed the penalties associate with your cybersquatting advice. Of all the choices I had to say, I choose the least offensive one to show what you offered is not legal or ethical. I could have used harsher terms, but I would hope you read my post and reread the thread and say, hey, maybe what I said may not have been the best things to do. Then during your read, you saw the post where it says to "read my sig" and follow the instructions. Tehn realzie, cybersquatting and domaining are two different practices...

Comment #24

I saw all that stuff the first time. I've read a lot of TM related discussion on this forum, as well as on other sites. I threw out an idea I read on another forum that made sense to me. It's pushing the gray area, but whatever. 90% of the posts I've seen of yours on this forum consist of policing any other post mentioning anything that could even remotely resemble cybersquating.

Look, I'm sorry if someone registered one of your trademarks in the past and you're still bitter about it- but I don't have time to have an argument with you because we have different opinions. If you don't like my ideas, feel free to express yourself, but you don't have to make assumptions that are not true. That's only wasting our time.

The domain was already registered and the original poster said: You gave your opinion, and I gave mine. I'm pretty sure they both fall under "ALL opinions." If not, I'm not sure which dictionary you learned the word "all" from, but you may want to go back and look again...

Comment #25

This is the legal thread and though I am not a lawyer, I and others have researched the business quite thoroughly through the years. People come here to know the LEGAL possibilities or clarifications. Though this is not legal advise, there are some prominent lawyers who do post here or jump in when needed. This section is to learn how to correctly handle situations. Now when someone offers advise that promotes cybersquatting, they will be called out. If you read for any length of time, there are two things at play, legal and reality.

But when someone offers squatting advise and says something to the effect "nothing will happen", that is irresponsible. There are very serious penalties that can be levied against a cybersquatter. And if you haven't noticed, some of the big companies are starting to become much more aggressive against he squatters.

PS- I have said this before, about 99% of the questions asked here are by people squatting or wanting to squat. But each person decides their own risk reward factor, but keep in mind that it is because of squatters that domaining has a bad rap...

Comment #26

So you 'threw out an idea' that is not even yours There are several weaknesses in your reasoning:.

1. Selling a TM domain to the TM holder is plain dumb in the first place....

2. If you use the excuse of 'developing into a fan site' as a cover to get money this can backfire against you (TM holder thinking: 'buy the name or else...' = blackmail).

3. you suggest pricing below recovery fees: it amounts to extorsion. If TM holder goes to WIPO then yes they will pay the expenses, you lose the name and gain bad rep (your name published in ruling on wipo.int). If they decide to sue then they could claim (and obtain) monetary compensations..

4. your statement 'the worst that will happen is you will have to give up the domain' is not accurate. It can get worse than that, in some cases. It all depends on the TM holder and the particular circumstances.

So I don't really think it's the kind of advice the OP should follow. 100% agree. There is some very bad advice in this thread that, if acted upon can land the OP in further trouble..

People don't always have bad intentions but well. Personally I find it sad that we have such a pretty bad reputation with the public at large... you can't talk about domaining without being labelled a cybersquatter, criminal or whatever still you are doing nothing illegal. Sigh...

Comment #27


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

 

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