Domain And Trademark Infringements

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My question regards Trademark, Domain infringements. I have a registered domain through Homestead. I was contacted by the auditing department of CNet Solutions Ltd
in China. They informed me that a client of theirs in China who wants to apply for the same trademark and domain name I have. What are the leagalities concerning this?
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David4214

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Posted 6 years ago

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SiteBuilderPros, Champion

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Hey David4214,

Wow this kind of stuff causes instant stress, right? In my unprofessional opinion, your current use of the domain name (for whatever purposes the domain was registered) may substantiate your retention of it. If the applicant can see that it is not associated with a website however, this may be a strategic move to make a case subsequent to their trademark based on cybersquatting (aka domain squatting), even though you may have registered the domain name with good intent. Support will not be available until morning hours, but may provide guidance. In the mean time you can conduct a search on "squatting" at the ICANN for more insight. Not to mention, they do provide options that will help you resolve the dispute. But depending upon the importance of the domain name, you may ultimately have to consult with an attorney who practices in the area of intellectual property, well-versed at law relating to domain name registrations just to set your mind at ease.

I wish there was more that I could do for you, but I hope that I've at least pointed you in the right direction. ~ Wish you all the best!
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David4214

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Hi Platinum-

Thank you for your insight. The domain name is associated with a website.
I hope to receive additional information hopefully from Homestead to
help me with this issue.
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SiteBuilderPros, Champion

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Glad to help!
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Mike F., Alum

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Hello David4214, 

Unfortunately, I can't give you an better advice than what SBP posted above.  When a domain is available for registration, you certainly have the right to purchase that domain, but we are not able to intervene when it comes to possible legal issues. I would visit the link to ICANN posted above, or consult with an attorney.

Mike

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David4214

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Thank you Mike-

I appreciate your time. Please know I have consulted with a law firm experienced
in Intellectual Properties and Domains.
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Mike F., Alum

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Good luck!
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SiteBuilderPros, Champion

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David4214, this is somewhat speculative, but because the individual/entity in China knows the domain name is in your possession/use, they may very well have back-ordered the domain name, and are testing whether it will simply be released so it becomes theirs by default. Clearly, I would not hesitate taking the ICANN route as Mike has further advised. Especially considering that their trademark may not even yet be valid, which may revoke grounds for them to even make such a claim. Just to the opposite extreme however, if their trademark has been in effect for some time preceding your registration and use of the domain name, unfortunately you may be in for a fight. If I were in your shoes, I'd set something in motion with ICANN asap because it may help to minimize your consultations with the law firm. For lack of a better way to put it, this really stinks. And I hope its resolved quickly with an outcome in your favor!
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David4214

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Yes I have contacted ICANN.

FYI.... http://blog.safenames.com/cctld-count...

thank you
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David4214

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SiteBuilderPros, Champion

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Good luck my friend!

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