Can there be a problem with my domain if all of a sudden another company uses a similar name?

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Semyon Semyonov2017-05-18 12:37:23

Domain name market

Semyon Semyonov, 2017-05-18 12:37:23

Six months ago I made the x1-aaaa domain. com It takes about 4 months and some company has a domain x1-aaaa. ru . Also, they have other domains that are not similar to my name. And so, they write "X1 Aaaa" on all domains, including x1-aaaa.ru. I have the same. The field of activity is one, but the spheres of interest are different. I have no legal entity. They have, but it does not appear "X1 Aaaa", but only "X1".
Question 1: can they go to court (it is clear that they can, but can they win) demanding the closure of my domain? I believe that they cannot, but the opinion of those who understand is interesting.
Question 2: if I quickly torture an LLC with the name "X1 Aaaa", can I go to court to have them remove my domain from the ru-zone?

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4 answer(s)

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Nikolai, 2017-05-18
@man_without_face

Question 1: can they go to court (it is clear that they can, but can they win) demanding the closure of my domain?

They can, in terms of such a category as "confusing similarity", on Habré there is a wonderful overview of examples of such proceedings: https://habrahabr.ru/post/180235/

if I quickly torture an LLC with the name "X1 Aaaa", can I go to court to have them remove my domain from the ru-zone?

You can. Not necessarily even an LLC, you can create an IP and register a domain name as a trademark.

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Eugene Wolf, 2017-05-18
@Wolfnsex

Question 1: can they go to court (it is clear that they can, but can they win) demanding the closure of my domain?

Based on what? I don't recall a law that would somehow regulate what kind of domains someone has the right to register, and which ones they don't. I will even say more, there are companies that register domains, and then they are sold to potential buyers (companies, with the appropriate name).

if I quickly torture an LLC with the name "X1 Aaaa", can I go to court to have them remove my domain from the ru-zone?

As you rightly noted, both you and they can go to court, the only question is, on the basis of what law are you / they going to go there?

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Vasily Nazarov, 2017-05-18
@vnaz

Maybe

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Maxim Lunin, 2017-05-19
@ToqueAdvertising

In your case, the key factor will be the date of registration of the domain. Therefore, the court, even if it happens, will be on your side.
There is still no detailed and well-established practice for domains in Russia. Based on the date, activity and degree of confusion (how similar the domain is). The solutions may be unexpected, but in your case everything is obvious. The law is on your side here.