Is it possible to register a branded domain?

Question

Domain name market

I would like to receive a small educational program on the legal aspects of registering domain names, primarily in the Russian segment of the Internet. Let's say I have a small company that produces juice and I decided to create a website and named the domain dobryi.ru, which is consonant with the trademark "dobry" registered earlier than my domain and with their website dobry.ru. If I use it to sell juice, the domain could be sued, right? What if I use it to advertise a barbershop? Or, if I name the domain, let's say moydobry.ru, and also sell my own name juice on it? And how similar can a domain be to a trademark?

Answer 1

As soon as you become interested in the Dobry trademark, then maybe ...
Shl. These questions are best asked by experts - patent lawyers ...

Answer 2

In the general case, the similarity + later of the brand is almost a 100% guarantee that they will be taken away. Especially if there is a coincidence of directions (juice-juice). In case of a discrepancy (good warmth vs good juice), there will probably be a bargain, but most likely there will be just a non-crossing.
If the domain appeared earlier, then ... look at the history of gmail.ru for example

Answer 3

As already mentioned, the main thing here will be the similarity to the point of confusion and OKVED. If you produce juice, then "confusingly similar" office will easily sue you. And will most likely win. But if it is, say, a hairdressing salon, it either doesn’t notice at all, or doesn’t give it, or loses - OKVED is different.
Also, a lot depends on the coolness of the brand with which you intersect - if it is one of the "big" ones, they can simply buy it, but if, for example, the same office of the "three tables, two chairs" level, it will grunt and do nothing.

Answer 4

Since 2008 (the "grundfos case"), arbitration courts have ruled in favor of the copyright holder. The key criterion is the company name ("Given the fact that the plaintiff, as the owner of the company name, the original part of which is the Danish word "grundfos", did not give the defendant his consent to use the company name of the legal entity in the domain name, the court, in the opinion collegium, legitimately satisfied the stated requirements in full).
At the same time, the type of activity (juices, hairdresser) does not really matter, since we are talking about a company name, and not a trademark.