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Sergey2018-09-09 13:57:21
Domain name market
Sergey, 2018-09-09 13:57:21

Is it possible to legally "take away" the *.com domain - TM only applies to USA, classes 9 and 42?

The situation is as follows:
1. There is a TM, registered since 03/04/2014. For example, lasbeach (TM itself as an image, on it the expression lasbeach)
2. TM registration applies only to the USA according to tsdr.uspto.gov
3. The domain name 77lasbeach.com is registered.
- Date of registration
03/15/2014 - Now the domain is in name.com
- Hosting is also in the USA
Questions:
1. Can the owner of the TM claim the rights to the domain and eventually take it away?
2. If you forbid access to the site from American IP - will it still be able to?
3. Are there any options to keep the domain and secure it from being transferred to the TM owner (except for moving to the .ru zone)?

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2 answer(s)
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Dimonchik, 2018-09-09
@dimonchik2013

maybe the priority is very strong in domain disputes,
if you try and prove that the sphere of use is different, it might work, but the cost of a lawyer is 2k, the very minimum, so you never get lucky and start from 6k

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CityCat4, 2018-09-09
@CityCat4

Weaning by court order is very possible. Pindos gobbled up more than one flock of dogs on blast-furnace disputes, and very expensive ones.
Moving to another domain zone, at least .ru, at least .tk - of course, will delay the execution of the claim, but it will not insure it completely. Although most likely, after that the owner of the TM will simply lose interest in the domain - what is Russia to him - a country of red nuclear bears in earflaps and balalaikas? :DDD

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