Looking for a policy

[Beatzones]

Hi,

I was wondering what the policy is called that is relevant to someone who buys a domain then someone TM's that name after the reg of the domain..

I've heard the name several times but forget what it's called?

Cheers.

 

[Cooper Mills DomainLawyer]

hi, need more information on what you want to know.

 

[Beatzones]

I'll try to explain best I know how.

You know when you buy a domain and later on down the track someone TM's that name, the TM owner and domain owner have to coexist because the domain owner registered the name (term, phrase etc) first?

I want to read about this coexist policy, how it works etc..

Cheers

 

[findtim]

this may not be your answer but IPaustralia use this as an explaination

TM: Dove

there is dove chocolate and dove soap , they both have trademarks but just in different classes.

first to register the domain name dove.com.au wins and thats that, they can't fight the other one for it.

tim

 

[Cooper Mills DomainLawyer]

there is no such thing as a coexistence policy.

A defence to an auDRP is to show that you registered a domain name before a trademark, but the question you pose is really a legal question which you should obtain appropriate advice on.

Be aware that just because you registered a domain name before someone's trademark, if that other person used that 'brand' prior to you then they may have rights against you

 

[Beatzones]

Any examples of a website using a domain and someone coming along and TM'ing that name and using it as well?

Cheers

 

[findtim]

Any examples of a website using a domain and someone coming along and TM'ing that name and using it as well?

Cheers

dove.com.au

 

[Beatzones]

So lets say Dove chocolate and Cabury chocolate.

Dove uses a domain called GrandChocolate.com.au, for, I don't know lets say a cooking show section on their website.

But then Cabury register this TM and start using it for something they do..
Cadbury GRAND CHOCOLATE®

I am not referring to taking a domain of one and other but more about what happens in this instance.

I hope this makes sense

Cheers

 

[Beatzones]

Ah ok cheers Tim.

 

[findtim]

as i understand it if you are in the same class as the trademark you will have problems, if you are not then you shouldn't

if its a very important decision then you need to talk to someone like erhan ( coopers....) before you go waste alot of time and money.

tim

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story:

@ 6 years ago i had a domain, i built it and it was in the same sector as a competitor with a VERY similar name, i had to give it up.

the competitor then didn't reregister it and now its owned by someone else but they are not using it in direct competition with the guys that tried to sue me did, so they haven't hassled him and probably never will i suspect as the new owner would win IMO.

tim