Thread: Trademark infringement?

I have a domain name ****.in, which is related with a big world wide s-p-o.r.t.s event going to happen on next y.e.a-r. I had registered the domain without knowing much about the trademark contain in domain name. Later I found a part or combination of names are trademarks. But also I saw 100s of other domain names have already been registered with different combination and TLDs for this trademark. Now I am in a confusion whether I should delete the domain or not? who can tell that my domain name is a trademark infringement or not? where should I check the same?

Check out all the domains that have been taken away from people that regged a trademark name: WIPO UDRP Domain Name Cases (gTLD)

The following is just my opinion. I'm not a lawyer...

Originally Posted by psf

I have a domain name ****.in, which is related with a big world wide s-p-o.r.t.s event going to happen on next y.e.a-r.

If your domain relates to next year's Commonwealth Games, see here.

If your domain relates to the 2010 World Cup, take note that FIFA owns many "FIFA" and "World Cup" trademarks (worldwide). I would view these as well-known marks and if your domain incorporates either of these terms then, IMHO, it's likely infringing on FIFA's trademark rights.

Originally Posted by psf

where should I check the same?

As you've registered a .IN domain, you'd need to check the Indian trademarks register but that's not freely accessible.

I can see that in the US, FIFA owns trademarks such as SOUTH AFRICA 2010, WORLD CUP 2010 and FIFA etc. I wouldn't be surprised if FIFA registered similar marks in India. If it hasn't, it has likely acquired common law trademark rights. BTW, you can view FIFA's public guidelines regarding its official marks here.

As mentioned by forgottenmemorie above, you can look at past domain arbitration decisions. If your domain does relate to the World Cup, then you'll see that FIFA has won domains such as fifaworldcup2010.com, fifaworldcup.net, fifa.tv (to name just a few).

Originally Posted by psf

But also I saw 100s of other domain names have already been registered with different combination and TLDs for this trademark.

Obviously, I don't know for sure which domain or trademark you're actually talking about, but perhaps the trademark owner hasn't caught up with these people yet. The other possibility is that the trademark owner is not aggressive about enforcing its trademark rights.

If you're unsure if it's a trademarked domain, then you should consult with a trademark lawyer.

If you come to the conclusion that you've registered a trademarked domain, then I think it's worth contacting your registrar to see if they can delete the domain registration (I don't know for sure if they will or can).

Thanks a lot all of your detailed reply. Sure I will check with whatever the possible way you guys have highlighted.

In my registrar (Godaddy) there is an option to delete the domain. Probably I can do the same, however they will not refund the amount . My domain will expire only on Nov 2010 only..

In case if they came to know about my domain, what would be the actions from their side possibly? Will they squash me with a big fine?? or just an email to Transfer or delete the domain?

Is there any other way that we can rename the domain? (I guess no!)

Originally Posted by psf

In case if they came to know about my domain, what would be the actions from their side possibly? Will they squash me with a big fine?? or just an email to Transfer or delete the domain?

Often a trademark owner will first send a cease and desist letter (with a request that you transfer the domain to them). If it ends up going to INDRP arbitration, and it's a blatant trademark that you've infringed, it will be one mark against you. Also, in some cases, INDRP arbitrators have ordered respondents to pay costs.

Originally Posted by psf

Is there any other way that we can rename the domain? (I guess no!)

I doubt it!

Bottom line: Stay away from trademarks! If you're unsure if it's a trademarked domain, get advice from a trademark lawyer.

Thanks Ceres.