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Russian Domains Раздел для обсуждения доменных имён на русском. The forum to discuss Russian domain related topics.

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  #1 (permalink)  
Old 2nd June 2008, 18:54:00
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Default Does it infringe on trademark?

Several months ago I registered КАНТ.com which is name of German philosopher Immanuel Kant in Russian (I registered names of all famous philosophers I found available then). Unlike other names this one gets decent traffic and now I found out why. There is a sport equipment store in Russia called KANT.ru - it sounds the same I suppose.

I'm almost positive that I don't infringe on their TM (if they have any), but wanted to know what do you think about this situation.

Last edited by double : 2nd June 2008 at 18:58:35.
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Old 3rd June 2008, 18:48:14
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as I know, if your domain is being registered before the TM is out then you are safe, otherwise, you might be in a trouble, its ALL about the date each being regged on, the first one (you/TM owner) have the right of the name
as always advised, the best way to keep safe is by developing it in any niche other than TM's industry .. since it is a name of a philosopher then develop it in a philosophy related site and you are safe, even if they wanted to take it from you, it will be a little hard for them, but keeping it parked may show a sport related ad which means you infringe their business
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Old 3rd June 2008, 21:03:05
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TM infringement comes into play not just when there is an actual trademark registered but also when the brand is commonly known, you might either benefit from the popularity of the brand and/or you might cause dilution of the brand. In principe this requires there to be overlap in the services/products you provide and the services/product provided by the trademark holder.

Also, it doesn't matter if you are first in registering the name, if there is trademark infringement you will lose your name through an arbitrage process depending on the extension.

Whether or not the name is trademarked, if you use the name solely for information on the philosopher, infringement should be out of the question as Muhammad says.

Last edited by Bramiozo : 3rd June 2008 at 21:04:10.
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Old 4th June 2008, 19:39:23
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Quote:
Originally Posted by Muhammad Mustafa View Post
the best way to keep safe is by developing it
Thanks for the advise Muhammad. I would be happy to cooperate with someone who is willing to develop this name - as well as other my IDN or ASCII names

I have for example ZNAKOMSTVA.com (Russian word for "dating" and "introductions") that gets about 100 uniques a day, as well as ZOLOTO.com (Russian for "gold") and PORNOZVEZDA ("porn star") which all get pretty decent traffic and many other hot Russian translitterated names, not to mention some nice Russian IDNs of course.

So - if you're up to it - we can build something - I know some ways to make money from nicely designed website
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Old 4th June 2008, 23:40:28
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Quote:
Originally Posted by Bramiozo View Post
Whether or not the name is trademarked, if you use the name solely for information on the philosopher, infringement should be out of the question as Muhammad says.
Thanks for your insight Bramiozo. Does it mean that I must develop the domain name? What if I want to wait until someone buys it - it's just a name and Kant is known for a century or so (also it might be a common name in Germany), while this sport store is just few years old.

Last edited by double : 4th June 2008 at 23:41:51.
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Old 5th June 2008, 12:04:08
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The fact that it is parked might work against you but it will not suffice as support to the claim that the name is used in bad faith. As long as there is no interference with the brand whatsoever it is unlikely they'll get a UDRP ruling in their favor considering that the name is generic.

Last edited by Bramiozo : 5th June 2008 at 12:04:24.
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