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Legal Needs
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| Dec 19, 2006 1:46 am |
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re: Please Help! An Australia co. is using my trademark name without my consent for profit! |
| Michael Deans
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Joel:
It is a little complicated, and you need legal advice, which should be given privately. If you would welcome my advice, please send me an e-mail to mjpdeans@btconnect.co.uk.
I am a British & European Patent & Trademark Attorney, and I have served on the Internet (Domains) Committee of the Internatioinal Trademark Association. However, if you decide to pursue this matter, you will need a US Trademark Attorney.
What I say below is not to be treated as legal advice in your specific circumstances, and is just given for general education and information on this website.
Trademarks are territorial. US rights only allow someone to stop someone else in the US from using the US mark or a confusingly similar mark for the US Goods /Services or others confusingly similar. To stop someone in another country such as Australia, a Registration in that other country would be necessary.
However, when someone obtains and is using a Domain Name in bad faith that is the same as an existing Trademark with a reputation, and has no legitimate interest in that Domain, that amounts to "cybersquatting". There is a Dispute Resolution System for Top Level Domains such as a ".com" run by ICANN called the UDRP. Where cybersquatting can be proven, the Domain may be transferred back to the rightful mark owner.
The owner of a well known US Trademark registration may also be able to bring legal proceedings against the owner of a competing Domain under the Digital Millenium Copyright Act.
Regards
Michael Deans
Private Reply to Michael Deans (new win) |
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