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Suppose there is a US site blahcasino.com and I for genuine reasons register same site in India as blahcasino.in then will this be illegal? Please help...

Comments (5)

Is 'blah' a generic term? A city name? A unique company name? A well-known brand? You need to be more specific...

Comment #1

Yes sir. blah is a generic term but the company seems to have copyrighted the website name in USA. So what are my chances in India?..

Comment #2

I think if you have no branch or their link to casinos in india , you'd be fine and I am saying this based on Cybersquatting: Okay to use MNCs name if no India ops.

"Delhi High Court has held that a company cannot restrain others from using similar names unless it conducts business in that country and is bound to suffer irreparable damages to it's commerce because of it's use. ".

But still I would be cautious , and if you are really looking into starting a business with that name, I would advice you contact a lawyer rather than us..

Comment #3

Here's how trademark infringement works (generally):.

If you are using a company's branding efforts to trade on their goodwill with customers within their market, you may have problems.

For example, if you look at the Apple vs Apple Records lawsuits, it's no accident that Apple finally settled up with Apple Records once iTunes came along, because at that point they were in Apple Records' core market, and were in fact infringing.

In general, if a company has zero presence in a country, it can't complain about infringement within that country. A good example is Budweiser. There is a Budweiser beer company in the US and one in the Czech Republic. While the companies have sued each other back and for and forth in markets where they cross (mostly the UK), it has always been understood that the Cezchs have no claim in North America and the Americans have no claim in central Europe.

The question with trademark is always: who established that brand in that sector in that country first? Who ever did so wins...

Comment #4

It will work fine for a time... but I think you are storing up trouble for later...

Comment #5


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

 

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