Will they be able to take the domain?

Question

Domain name market

There is a domain registered in 2017. Now competitors have registered a trademark identical to the domain and made it clear to us that the domain will be wrested from the court. Has anyone had real experience in similar cases, and how did the case end in your case?

Answer 1

If we get lucky. Depends on the adequacy of the judges and the degree of confusion. There was a similar situation with the O2.ru domain, in which the decision of the judges was inadequate . But much has changed in jurisprudence since then. There is a chance that the judges will behave more reasonably.

Answer 2

If you do not contact a lawyer, but look for advice on the Internet, they will squeeze out 100%.

Answer 3

ocatoll , You were clearly told - they can take it away.
Because the court is not a technical issue, it is a legal issue. And the judicial system in the Russian Federation often works at the request of the left heel and bribes.
No personal experiences of other people will help you with this, since they will not be arguments in court.
Therefore, you should contact a lawyer and decide to what extent you can prove that your domain is primary, to what extent it is used for its intended purpose, to what extent the court is interested in resolving the issue in your favor or in favor of rivals.
Complaining about stinging answers is not worth it.

Answer 4

In our case, it was just a little different - there was a domain (since 2001), there was an attempt to register a trademark for the domain. At first they refused "because of the similarity to the point of confusion", but we hired a lawyer specializing in such disputes, he wrote a paper that we and "they" - working in fundamentally different areas - registered TM.
You need to find a competent lawyer for whom "domain" is not something from physics :) And the courts, as it was already said here, often decide in a way that tells the judge his competence in these matters :)

Answer 5

They do not have the right to take away, since the domain was registered before the trademark.

Answer 6

The domain will be taken away by the court 100% if the TM class is the same as the site (for example, the sale of goods).
If the classes differ, then they won’t take it away (the site is about diapers, but the TM is about machines). But if you pretend to be a log in court and do not go to meetings, 100% will be taken away.

Answer 7

In theory, since the domain was registered before their trademark, they have no right to squeeze it out of you under this pretext.