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markd 07-30-2003 06:52 AM

Domain Name Trademark
 
Hi,

In the following scenario, will I lose my domain name?

I have a domain name, for example, mydogs.co.nz, which I use to put up
everything about my dogs, sort of like a dog weblog.

Now there is this overseas company with a NZ trademark MyDogs, which
sells dog food etc., and demands me to surrender the domain name
mydogs.co.nz. I have never intended to make any profit out of this
domain name, nor is it commercial in nature, will they still be able to
take it away from me?

Are there any good copyright/trademark lawyers in NZ I can contact?

Thank in advance.

Mark.

Mauricio Freitas 07-30-2003 07:06 AM

Re: Domain Name Trademark
 
"markd" <marcusdom@hotttmailll.com> wrote in message
news:3F276B27.8D52F4EF@hotttmailll.com...
> Hi,
>
> In the following scenario, will I lose my domain name?
>
> I have a domain name, for example, mydogs.co.nz, which I use to put up
> everything about my dogs, sort of like a dog weblog.
>
> Now there is this overseas company with a NZ trademark MyDogs, which
> sells dog food etc., and demands me to surrender the domain name
> mydogs.co.nz. I have never intended to make any profit out of this
> domain name, nor is it commercial in nature, will they still be able to
> take it away from me?
>
> Are there any good copyright/trademark lawyers in NZ I can contact?
>
> Thank in advance.
>
> Mark.


Domains are served on a first in first served basis. You own it, it's yours,
regardless of anyone else claims. If it's up or not it's still up to you.
Trademarks do not give ownership to an internet domain, and therefore you're
not required to give it to anyone.

Of course you can look for a lawyer for actual consultation.

--
Mauricio Freitas
Handhelds, mobile: http://www.geekzone.co.nz or
http://www.bluetoothguide.com
Bluetooth guides: http://www.geekzone.co.nz/content.asp?contentid=449



madknoxie 07-30-2003 07:25 AM

Re: Domain Name Trademark
 
In article <3F276B27.8D52F4EF@hotttmailll.com>,
markd <marcusdom@hotttmailll.com> wrote:

> Hi,
>
> In the following scenario, will I lose my domain name?
>
> I have a domain name, for example, mydogs.co.nz, which I use to put up
> everything about my dogs, sort of like a dog weblog.
>
> Now there is this overseas company with a NZ trademark MyDogs, which
> sells dog food etc., and demands me to surrender the domain name
> mydogs.co.nz. I have never intended to make any profit out of this
> domain name, nor is it commercial in nature, will they still be able to
> take it away from me?
>
> Are there any good copyright/trademark lawyers in NZ I can contact?


My advice would be to fight it, see if they can be bothered following
through on their threat. Think about who can actually make you surrender
your domain name, can the Govt yet? The DNC (Domain name commissioner)
might be able to... and that UN thing too. Think about what grounds they
would take your domain name, and fight that.

This firm is probably called MyDogs Limited or Corporation, or whatever
their real name is right? Tell them to get mydogsltd.co.nz or
mydog.net.nz, etc. Tell them to get stuffed either way.

About finding a lawyer, head over to http://www.fightthepatent.co.nz/ -
this site was set up to fight the bizarre e-commerce patent thanks to DE
Technologies. But the lawyers involved there sound like they are
experienced with this sort of thing. Or try your local community law
centre, they maybe able to help you prepare a response for free.

Hope that helps. Remember, your not competing or trying to pass yourself
off as this group, you're not doing anything wrong.

--
madknoxie
Web hosting and $35 .nz domains: http://www.ivision.co.nz/

PJ Lee 07-30-2003 07:55 AM

Re: Domain Name Trademark
 

"Mauricio Freitas" <dr.emailposter@nowhere.invalid> wrote in message
news:L7KVa.8249$9f7.958659@news02.tsnz.net...
..
>
> Domains are served on a first in first served basis. You own it, it's

yours,
> regardless of anyone else claims. If it's up or not it's still up to you.
> Trademarks do not give ownership to an internet domain, and therefore

you're
> not required to give it to anyone.
>
> Of course you can look for a lawyer for actual consultation.
>


May be in the rest of the world.
But in New Zealand, our govt seems to have created their own set of rules
which differ from other countries. Remember steinlager?



TEX 07-30-2003 07:57 AM

Re: Domain Name Trademark
 
Mark wrote:

> I think that something like mydogs.co.nz is so abstract that no-one can
> claim to own it. Something like cocacola.co.nz or xerox.co.nz might be a
> little tougher to hold on to..
>
> Cheers
> Markus
>
>



Then everyone must of heard of the blackpower or was it the mongrelmob
domain that someone decided to register...in quoting Markus
"might be a little tougher to hold on to.."

TEX


markd 07-30-2003 08:11 AM

Re: Domain Name Trademark
 
> This firm is probably called MyDogs Limited or Corporation, or whatever
> their real name is right? Tell them to get mydogsltd.co.nz or
> mydog.net.nz, etc. Tell them to get stuffed either way.


Yeah, they have a formal/longer name for their company. My concern is
they have the NZ trademark of just the "MyDogs". Will Toyota be able to
take away myrav4.co.nz? Or a life insurance company claiming
mylife.co.nz?

Their whole point is about the confusion of the name and the possibility
of me passing off.

Thanks

Mark.

Max 07-30-2003 08:40 AM

Re: Domain Name Trademark
 
On Wed, 30 Jul 2003 18:52:23 +1200, markd <marcusdom@hotttmailll.com>
wrote:

>Hi,
>
>In the following scenario, will I lose my domain name?
>
>I have a domain name, for example, mydogs.co.nz, which I use to put up
>everything about my dogs, sort of like a dog weblog.
>
>Now there is this overseas company with a NZ trademark MyDogs, which
>sells dog food etc., and demands me to surrender the domain name
>mydogs.co.nz. I have never intended to make any profit out of this
>domain name, nor is it commercial in nature, will they still be able to
>take it away from me?
>
>Are there any good copyright/trademark lawyers in NZ I can contact?
>
>Thank in advance.
>
>Mark.



It really depends on how generic it is. eg if you registered nike.com,
then they could claim it, however if you registered coolshoes, and it
was being used for a website that had cool shoes on it, or was a shoe
shop, then it would be fine.

madknoxie 07-30-2003 08:41 AM

Re: Domain Name Trademark
 
In article <3F277D96.F7CF8A9B@hotttmailll.com>,
markd <marcusdom@hotttmailll.com> wrote:

> > This firm is probably called MyDogs Limited or Corporation, or whatever
> > their real name is right? Tell them to get mydogsltd.co.nz or
> > mydog.net.nz, etc. Tell them to get stuffed either way.

>
> Yeah, they have a formal/longer name for their company. My concern is
> they have the NZ trademark of just the "MyDogs". Will Toyota be able to
> take away myrav4.co.nz? Or a life insurance company claiming
> mylife.co.nz?
>
> Their whole point is about the confusion of the name and the possibility
> of me passing off.


Maybe offer to have a link to their website on your homepage? As a
gesture of goodwill...

--
madknoxie
Web hosting and $35 .nz domains: http://www.ivision.co.nz/

Mark 07-30-2003 09:17 AM

Re: Domain Name Trademark
 
I think that something like mydogs.co.nz is so abstract that no-one can
claim to own it. Something like cocacola.co.nz or xerox.co.nz might be a
little tougher to hold on to..

Cheers
Markus



Max 07-30-2003 09:29 AM

Re: Domain Name Trademark
 
On Wed, 30 Jul 2003 20:40:47 +1200, Max <Maxedoutnz@hotmail.com>
wrote:

>On Wed, 30 Jul 2003 18:52:23 +1200, markd <marcusdom@hotttmailll.com>
>wrote:
>
>>Hi,
>>
>>In the following scenario, will I lose my domain name?
>>
>>I have a domain name, for example, mydogs.co.nz, which I use to put up
>>everything about my dogs, sort of like a dog weblog.
>>
>>Now there is this overseas company with a NZ trademark MyDogs, which
>>sells dog food etc., and demands me to surrender the domain name
>>mydogs.co.nz. I have never intended to make any profit out of this
>>domain name, nor is it commercial in nature, will they still be able to
>>take it away from me?
>>
>>Are there any good copyright/trademark lawyers in NZ I can contact?
>>
>>Thank in advance.
>>
>>Mark.

>
>
>It really depends on how generic it is. eg if you registered nike.com,
>then they could claim it, however if you registered coolshoes, and it
>was being used for a website that had cool shoes on it, or was a shoe
>shop, then it would be fine.



Also does it have a site connected to it now that relates to the
domain. If it does, they can't accuse you of being a squatter.


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