Welcome to BeerMoneyForum.com - BIGGEST MAKE MONEY FORUM ONLINE

[westmania]

For example someone started softelectronics.com and a month later another person started verysoftelectronics.net then is it possible for former person to go legally against verysoftelectronics.net ?

 

[CyberPreNurse]

If you are going to be spending to get justice I don't think you will loose in the end because the person or company that uses your trademark will surely pay for damages

Domain name registration does not require so much kyc verification that could even lead to one getting tracked, so it won't be easy getting them to pay for any damages.

 

[SCAMEXPOSER]

There was a time when brave browser had similar challenges with similar some one trying to use almost the same name and I guess the company was tracked and procecuted.

 

[Ofonime]

There was a time when brave browser had similar challenges with similar some one trying to use almost the same name and I guess the company was tracked and procecuted.

Why I dont think the company should have been the one to be procecuted,because before they made an attempt to use that domain the hosting company must have given them the previledge if that is what you mean,do I get you right?well never mind that can never be allowed its a very serious offence sometime

 

[Balint098]

It purely depends on whoever has first registered the copyright for that label. If the first guy already has a trademark for that name, then the second guy has no legal power to sue the first guy. Trademark is usually served on first come first get basis, so you would be better to quickly think of a brandable trademark before other people snatch it from you.

 

[SCAMEXPOSER]

it is very important that when you have a trademark, a business name and a logo the first thing you do is try as much as possible to register it officially and follow all legal processes so that in future if there are challenges you'll be able to fight it legally but in a case where you have a logo and trade mark which is not registered then you can't claim it who ever that move and registered it legally will be the one to claim it.
I guess that was the strategy and protection that brave browser used against the company is trying to copy their trademark.

 

[yourenglishcafe]

it is very important that when you have a trademark, a business name and a logo the first thing you do is try as much as possible to register it officially and follow all legal processes so that in future if there are challenges you'll be able to fight it legally but in a case where you have a logo and trade mark which is not registered then you can't claim it who ever that move and registered it legally will be the one to claim it.
I guess that was the strategy and protection that brave browser used against the company is trying to copy their trademark.

While you're not wrong at all, you cannot assume that a trademark will protect you - international law is very complex and if someone based in another country starts copying you then you will probably find it impossible to do anything about it.

 

[SCAMEXPOSER]

While you're not wrong at all, you cannot assume that a trademark will protect you - international law is very complex and if someone based in another country starts copying you then you will probably find it impossible to do anything about it.

I think most of the agencies in charge of registration of trademarks and brand names of ways of linking together internationally such that there won't be a conflict of trademarks or brand names so if this is true that international law will protect every person who is duly registered with his or her brand name and trademarks.

 

[yourenglishcafe]

I think most of the agencies in charge of registration of trademarks and brand names of ways of linking together internationally such that there won't be a conflict of trademarks or brand names so if this is true that international law will protect every person who is duly registered with his or her brand name and trademarks.

Oh, no. Or, at least, not easily, or cheaply.

There are quite a few examples of this in China where companies reguarly use other people's trademarks. A big one from the city I live in is a restaurant chain that used the likeness of Bruce Lee - it took his estate a LONG time and a LOT of money to challenge it. They were sucessful in the end, but for most small companies and independent websites it just wouldn't be possible to mount a challenge.

 

[SCAMEXPOSER]

Oh, no. Or, at least, not easily, or cheaply.

There are quite a few examples of this in China where companies reguarly use other people's trademarks. A big one from the city I live in is a restaurant chain that used the likeness of Bruce Lee - it took his estate a LONG time and a LOT of money to challenge it. They were sucessful in the end, but for most small companies and independent websites it just wouldn't be possible to mount a challenge.

Of course such are inevitable about just like you said they succeed and challenging it, I guess under normal circumstances the company that was a tfault should pay for damages to the company, so that it can serve as a lesson to other companies copying peoples trademark.

 

[Dean1]

Make sure your brand name has been registered as a trademark because doing so might strengthen your standing in court. You have legal protections and rights to uphold the exclusivity of your brand when you register a trademark.

 

[naomi1999]

I think it's possible and it is called cybersquatting, and it can be a violation of the trademark law. If you believe someone is cybersquatting on your brand name, you can file a complaint with the ICANN.

 

[yourenglishcafe]

I think it's possible and it is called cybersquatting, and it can be a violation of the trademark law. If you believe someone is cybersquatting on your brand name, you can file a complaint with the ICANN.

There was a very famous case years ago about (I think) Tom Cruise. Someone had taken the domain tomcruise.com and was accused of cybersquatting, he lost the domain.... It depends though (I think) on the country the domain is registered from, if it is in a different country your options are more limited.

 

[naomi1999]

There was a very famous case years ago about (I think) Tom Cruise. Someone had taken the domain tomcruise.com and was accused of cybersquatting, he lost the domain.... It depends though (I think) on the country the domain is registered from, if it is in a different country your options are more limited.

You're on point. Gary had registered the domain tomcruise.com and had set up a fan website, but Cruise's legal team argued that he was misusing the domain to mislead fans and profit off of Cruise's name and image.

 

[yourenglishcafe]

You're on point. Gary had registered the domain tomcruise.com and had set up a fan website, but Cruise's legal team argued that he was misusing the domain to mislead fans and profit off of Cruise's name and image.

Which, if memory serves, is a load of rubbish concocted by his legal team. The domain was pointed to Tom Cruise's page at Rotten Tomatoes or some other similar site, he wasn't profiting, he was, of course, hoping to profit by selling the domain --- it show something about Cruise - he could have just bought the domain and made that guy's day, but instead he paid lawyers................