socceric18 asked:
My business recently received an email from a chinese domain registering company that the trademarked brand name (in the US) is being challenged. Its the exact same as the trademarked name, except with different postfixes instead of .com. My company does business with China, but i’m not sure if this is scam or not. Is there any international governance over Internet Domain Names?
Thanks
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11:40 pm on May 25th, 2009
U.S. Government renewed the contract under which Internet Corporation for Assigned Names and Numbers (ICANN) operates the global Domain Name System DNS. Under the auspices of a new Joint Project Agreement that calls for ICANN to work toward becoming more transparent and accountable, The National Telecommunications and Information Administration extended ICANN’s stewardship for another three years. The stated goal of the new agreement is for ICANN to develop into an institution that can stand on its own without direct governmental ties. In comments to the NTIA earlier this year CDT urged the government to extend its deal with ICANN. October 04, 2006
There is nothing wrong with someone having the same doman name but with a different suffix. The challenge is a hoax. At best they might try for trademark or copyright infringement on the domain name. Ignore them until a lawyer contacts you.
1:47 am on May 29th, 2009
That really is a tough one without more detail.
For example, if you wait until a lawyer contacts you, they already have proof that they’ve made an attempt to come to a resolution. By the time the lawyer contacts you it’s possible they may have fees from him to recoup from you.
A name, be it a domain or a logo, has a lot of value or at least has been treated as such in court a number of times.
I recently saw a customer go out of business. Last time I’d talked to him he was changing domain names after finding himself presented with a legal battle of the use of his domain name. It was a domain that had a product name in it – it wasn’t even the prosicuting company name… He was forced to give up the domain name. (funny thing is, they didn’t want the domain – they just insisted that he not use it, had to be taken down and he had to get a new domain for his business)
Note also that if you have companyname.com and companyname.us is being registered; the registrar is required to mail or fax you a notice that YOU have /first right of refusal/ on the domain name – which this sounds like it could be, to me.