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  1. #1
    Join Date
    Nov 2012

    Default Domain Name Trademark Dispute


    The breakdown:

    A domain name was purchased from a private party in June.
    The person had owned the domain for 10 years with no issues.
    The domain name is a registered trademark of a US company.
    We are using the domain as a supplement to our existing business.
    The company is based in sweden but was registered initially in the US with godaddy.
    The trademark holder has file a dispute with the National Arbitration Forum and we have 2 weeks to respond.
    They are a big company with lots of money to burn. We are not.
    They altered the facts and screenshots of our website to make it look like we obtained the website in 'bad faith' and have copied word for word from their website, when we have not, although the trademark word is used throughout the site and is used to sell our products.

    What do we have to prove/disprove to win the case?
    Does being registered based out of Sweden have an advantage?
    How can a US trademark holder take a domain name owned by a Swedish company?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Domain Name Trademark Dispute

    If you are using somebody's mark to leverage their brand to your advantage, that's trademark infringement. You have not shared many facts, but it sounds like that's what you're doing. I am skeptical that you acquired the domain name and highlighted the trademarked goods because you wanted to sell non-competing items within the borders of Sweden.

    If you want to learn about how the National Arbitration Forum's domain trademark resolution services work, I suggest you review the extensive materials available on their website. It doesn't matter what country you are in - if the domain name falls under ICANN you are subject to ICANN's trademark rules.

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