22

The theoretical is that the domain slutsofinstagram.com does dilute or harm Instagram's mark because of the use of "Instagram" in the domain and because of the unwanted association of the parody story; that's the theory and "grounds" that Instagram would use in their lawsuit. Instagram would have to prove their theory of dilution or harm to the jury or ...


11

He bought it through Google Domains. From the Name Registration Agreement: Registration Acceptance. Google may accept or reject Registrant’s application for registration or renewal for any reason at its sole discretion, including, rejection due to a prohibited, improper, unavailable, infringing or otherwise questionable domain name. Google is not ...


8

Not that I am aware of. A person who 'owns' a domain is entitled to utilize that domain including for the purposes of receiving emails. With physical mail, it is a crime in most countries to intentionally interfere with mail that is not addressed to you. For example - Australia. However, this is statute law and as such does not extend to emails - even if ...


6

A reasonable person might well believe that your enterprise is being sponsored by or is affiliated with Amazon, and so you would be infringing Amazon's trademark. Even if there is no reasonable confusion, Amazon might well think otherwise and take legal action against you. You don't want to start a business by defending a lawsuit, even if you win, ...


5

Do domains typically need to be declared when filing for bankruptcy? Yes. Concealment of registered domains may be grounds for denial of discharge. See In re Money Centers of America, Inc., (U.S. Bankruptcy Cort, July, 2019) ("the registration of the domain name is an ownership interest that should have been disclosed"). See also In re Luby, 438 B....


5

Who owns my website? YOUR website is owned by YOU. If you want it to be owned by your company, you need to transfer the ownership. The domain name registrant and the entity to pay Wix need to be the company, not you. Same applies to any intellectual property that is used for the website functioning and profit generation.


4

Just assuming for the sake of this particular answer that everything happens in the U.S.: I'm not sure about the particular example of Open ZFS. The registration in the USPTO Records is in Oracle's name. Using OpenZFS for distributing the same kind of software as the now closed-source ZFS would seem to be infringing to me absent a license. Maybe Oracle just ...


4

It is likely this would have been handled under the Uniform Domain-Name Dispute-Resolution Policy, which provides that: We may [...] cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements. (See jqning's answer) But even if Google were not the registrar:...


4

I am answering primarily with regard to the U.S. Lanham Act (15 U.S.C. § 1501 et seq.) and state trademark laws in the U.S., but except as noted, these concepts are widely honored internationally in trademark law. As a general rule, generic names cannot be trademarked. Thus, you can't trademark "liquor store" for a liquor store, or "Calendar" for a calendar,...


4

As long as you are not claiming to be this celebrity, which would be impersonation, then you are not doing anything wrong or illegal. Since it is your own name, you can use it.


4

Yes, there are legal remedies. GDPR would first require them to handle the emails with a great deal of care. They would not have permission to read them and they may contain private correspondence or information, which is protected by GDPR. As such any abuse of that information, or even storing it for longer than required to identify it as such, would be ...


4

Yes, they can be. In the example given in the question, there is an additional factor which is that the possibly-infringing company is in a different line of business, which means that it might be possible to use the exact same name without infringing trademark. For example, there are Dove soap and Dove chocolate. (This possibility is probably more remote ...


3

Your quote from GoDaddy is based on ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). UDRP para 4(a) sets out the elements which must be proven for the complaint to be upheld: (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate ...


3

You need to look at the domain registrar's TOS to determine their polices for canceling a domain after the fact in the way they did, i.e. claiming the domain is "premium" and as such allowing them to cancel and raise the price and re-offer the domain. The registrar may, in fact, have such a policy in their TOS that you agreed to when you opened an account ...


3

This smells strongly of "bait and switch" fraud: offer a product at an attractive price, then "discover" that the product is not really available at that price. By that time the customer has sunk costs and is therefore willing to accept an alternative product with a lower quality or higher price than was originally promised. Looking at the homepage for "....


3

Your question lacks some details. So you registered a domain name, and later find someone else used that domain name (in the past) for a hobby website? Then no, you don't need to worry about it. If that person has a current trademark on the name used in the domain name, and your website provides/sells products or services in the same area, then you could ...


3

It's from a company called MarkMonitor that does trademark protection for clients - specifically around internet activities and that includes domain cybersquatting - which is illegal in the US under the ACPA, and of course that's what you were/are doing. So it could be a legitimate request as these things go. But that's not the whole story - the domain in ...


3

It will depend on the specific facts Let's define a few terms: Company A was the original company, Company B is the current company (which may be the same as Company A or a different company), Owner A was (and may still be) the shareholders of Company A, Owner B are the shareholders of Company B, the Business is the enterprise that was carried on by Company ...


2

Yes it sounds like they have a case they could possibly win Assuming their trade mark is valid it clearly pre-dates your usage. All that remains is for them to prove that a reasonable person might be confused by your usage - that will turn on the facts. You have 3 options: Comply Wait until they start legal action and then comply Lawyer up!


2

According to ICANN: only if they have trademark rights in the label "alpha". (The label is defined as the word between the dots and is determined after illegal characters are resolved with nothing or a hyphen. This means that the trademark A_L_P_H_A and alpha both become just alpha for the purposes of this process.) If another alpha trademark holder also ...


2

There is law called Anticybersquatting Consumer Protection Act that regulates this. For your specific case, this probably would fall into the same cases as priuschat.com or windowsforum.com where you would be doing "fair use" of the trademark. I can't tell if including obvious signs of unaffiliation would help in anyway, but using their logos and trademarks ...


2

Can they just change their mind like that? Well, what does your licence with them say? Oh, right, your licence is a verbal agreement with ill-defined terms which they may not know exists. How are you going to prove to them that you were given permission and what that permission was? Evidence that their staff were moderating your comments (you do have ...


2

No. First, there is nothing to prevent a current registrant selling a domain to someone acting in bad faith. The only remedies that the UDRP provides are transfer and cancellation, neither of which can affect a party which has already sold the domain. For the new owner, the three-prong test at UDRP para 4(a) still applies. A complaint will be upheld if (i) ...


2

Since you are not using these to sell anything, or engage in trade in any way, there is no trademark issue. You may use trademarks to refer to or comment on the trademarked product/service or its provider, as long as you don't exploit or benefit from its reputation, or induce consumer confusion that you are affiliated. But there could easily be a ...


2

"Founds of an informal organization that's been around for several years want to form an LLC. One of the founders (we'll call Bob) has a friend that own's the domain." In the beginning, did this friend register the domain name for his own use or at the request of Bob? If registered on behalf of Bob did the friend receive payment to cover the cost? If it was ...


2

You (or a lawyer) can draw up a contract that says exactly that: you state that the business is the owner of the domain name and Bob's friend has to transfer it to Joe or the business at some point. But just because you draw up a contract does not obligate people to sign it. And, there could already be a contract governing the domain ownership in place - ...


2

Trade Marks Company names are not ipso facto trademarks. A trade mark identifies particular goods and/or services (not companies) and the protection that it gives is to allow it to identify those goods and/or services as yours. Trademarks can arise though usage at common law (passing off) or through registration and are jurisdiction and industry specific. ...


2

Indiviual words and short phrases such as titles cannot be protected by copyright. However, they can be protected by trademark law. "Android" is a trademark in the US, in the EU, and I am pretty sure in most if not all other countries. Trademark protection is specific to a purpose or area. If you are writing an SF novel which contains an artificial being, ...


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