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pro862015-03-29 15:10:39
Law in IT
pro86, 2015-03-29 15:10:39

Claim from the owner of the trademark. Is the phrase a trademark?

Good time of the day!
I represent a small organization for the sale of industrial equipment.
To attract customers, we use advertising on the Internet.
Yesterday, the organization received a letter from the official manufacturer to the e-mail address with a request to remove the trademark from the domain name and all content that is related to the trademark (a copy of the letter is in the attachment). In turn, I would like to know from experts in this field what specifically needs to be removed from the page so that it meets the requirements of the Civil Code of the Russian Federation.
Thank you very much in advance for your advice!
Best regards, Sergei.

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3 answer(s)
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Sergey, 2015-03-29
@edinorog

you do not have a domain name, but a section name. for the first time I hear that it was possible to present something for the use of the name when selling equipment. you were taken on a show

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Andrey Ermachenok, 2015-03-29
@eapeap

Yesterday I received an email from the organization.

Yes, pofik, the director did not receive it and did not see it in his eyes, let them prove the opposite.
You can still do as it was on the site. You have time until a paper registered letter arrives at the office, and another 5 working days pass. Enough time to consult a normal lawyer.
The usual non-registered letter can be thrown into the trash, and not bathe.
Purely formal questions that any lawyer will write in a registered letter for starters: "He is a representative and represents interests" - on the basis of what and what interests? Notarized copy, please.
"The mark is registered" - copies of registration documents and translation into Russian, please.
And the correspondence began ...
Yes, it looks like a divorce. For some reason, Siemens, other manufacturers and their representatives do not send such letters ...

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Spetros, 2015-03-29
@Spetros

Firstly, you need lawyers, not virtual ones, but real ones.
Secondly, the trademark is not used in the domain name - it is in the address bar, i.e. a subsection of the site with a catalog, and this is a little different.
Thirdly, your site says: "Equipment and components from the manufacturer", if you work with a manufacturer, then what's the problem with contacting him on this issue?

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