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Sho2010-12-27 14:35:00
Domain name market
Sho, 2010-12-27 14:35:00

Domain name owner and trademark owner

The owner of a trademark registered after domain registration has the right to sue this domain? (.com zone)
And what if the trademark was registered before the domain was registered?

If the owner has a local trademark (for example, in one country), but the domain registrar does not have a trademark, what chances does the trademark owner have of suing the domain?

And how and where are these issues resolved?

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5 answer(s)
V
Vitali, 2010-12-27
@vitall

As far as I remember, according to the law, whoever is the first is right. At least according to the laws of Russia.
For other issues, this is for lawyers.

L
Laciel, 2010-12-27
@Laciel

If the site on the domain is not a trademark promotion by its own content, does not violate the laws of the Russian Federation, then the brand owners can safely go to.

E
Eugene, 2010-12-27
@EugeneL

According to my data. Can be selected if the domain is later TM registered.

O
onthefly, 2010-12-27
@onthefly

The .com zone is outside the jurisdiction of the laws of the Russian Federation, so you don’t have to worry about the possible claims of the TM owner.

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Suerte777, 2013-11-26
@Suerte777

If you are the owner of a trademark and you have registered it with the ICANN Clearinghouse, then only you have the priority right to register a domain with that name. in all other cases, apparently, you will have to sue.

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