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GoDaddy review : Great idea to pay for GoDaddy?? Trademark Problem

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I registered a .tel domain name with Domainmonster. I subsequently found it was a registered trademark. I asked DM to remove it and refund the money paid (USD 375). DM refuse to do this. What are my rights regarding this and what other options do I have. Would appreciate your views. Thank you...

Comments (9)

The grace period does not apply to all TLDs. Most extensions have no grace period really... Moreover it's still landrush period if I'm not wrong. So I'm afraid you're stuck with the name for one year...

Comment #1

So a registrar or registry can register a name knowing or having been advised it is a protected Trademark?..

Comment #2

Many would say it's up to the registrant to research for trademarks. However, at the moment, registrars don't have refunds or grace periods for .tel's. Who knows, you may be okay with the domain (I'm not a legal expert). I would suggest trying again to see perhaps if you can get "credit" for a new domain or a possible refund...

Comment #3

Thanks for that. I'll give your suggestions a try...

Comment #4

Whatever your contract with them says, which is probably not much...

Comment #5

If you get stuck, contact domainmonster themselves tell them what happened.. tell them they can have it for the reg fee and you dont want to make any money on it. Might not work but worth a try..

Comment #6

A trademark does NOT automatically entitle one to the similar looking domain name, nor vice-versa.

Unless you went out of your way to purposedly infringe on a well known TM, you likely have just as much right as the TM holder does, if not more, to own the domain name.

Ron..

Comment #7

It's not how big it is it's what you do with it that counts, (or so they tell me)..

Comment #8

*.

If it's a generic DICTIONARY one-word term, you're probably okay.

For example, if Apple hadn't regged Apple.tel, and you got it, you would be okay IF you didn't use it to sell computers or songs or try to deceive others into thinking your .tel will direct to the Apple Co.

However, if it's a made-up term like "Verizon," well, then, you're at the mercy of the infringed company.

Also, if you regged a term like "Location" and actually use the term to indicate a location, then you should be fine. It is my understanding that generic terms used for their dictionary definitions cannot be trademarked for their dictionary meanings.

Lord help us if this policy has changed.

I'm not a lawyer, however, and if you're really paranoid, consult with an intellectual rights lawyer.

*..

Comment #9


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

 

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