Re: Domain name dispute

Subject: Re: Re: Domain name dispute

Comments:
: Paul : Briefly: : The computer company have two options: they can take you to court for trademark infringement or dilution, or they can use the UDRP, a special policy developed to allow trademark holders to 'recover' domain names from cybersquatters. : The latter is cheaper and quicker, so this is what they may use. However, to succeed they need to show : i)that they have rights in the name (which they can) : ii)that you have no rights in the name (which they can't if your name is Dell and you sell websites) : iii)and that you registered and are using the domain name in bad faith (which they shouldn't be able to, but you should work out how you can show your 'good faith' and let them know). : If they persist with a claim under the UDRP despite your making clear to them your rights, they will be guilty of 'reverse domain name hijacking' (Rules for UDRP, 15e) which you might want to let them know about. : I am certainly no expert on US trademark law, but the basics that are relevant to you are as follows: : On an infringement action, the question is whether a consumer is likely to be confused as to whether you are associated with them. This is quite possible, but depends on the content and presentation of your site. : As for dilution, if they are classified as having a 'famous' name, you cannot use it for commercial purposes, although I believe there is an exception for the use of your own name. : You would be well advised to take a look at the 'Considerations for innocent domain name holders' at Oppedahl & Larsson's site, www.patents.com. : Good luck! : Richard Munden : St. Peter's College : University of Oxford : OX1 2DL

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