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Authored by: PJ on Sunday, February 17 2013 @ 07:45 PM EST |
Sorry, but domain name disputes are based on
ICANN rules which apply all over
the world.
There is no US domain name law.
I used to do domain name
disputes. And it's
international. Here's the ICANN info on
UDRP
rules that all registrars follow. And on
this page,
you can
find the basis for challenging a domain name or defending against a
challenge:
c. How to Demonstrate Your Rights to and Legitimate
Interests in the Domain Name in Responding to a Complaint.
When you receive
a complaint, you should refer to Paragraph 5 of the Rules of Procedure in
determining how your response should be prepared. Any of the following
circumstances, in particular but without limitation, if found by the Panel to be
proved based on its evaluation of all evidence presented, shall demonstrate your
rights or legitimate interests to the domain name for purposes of Paragraph
4(a)(ii):
(i) before any notice to you of the dispute, your use
of, or demonstrable preparations to use, the domain name or a name corresponding
to the domain name in connection with a bona fide offering of goods or services;
or
(ii) you (as an individual, business, or other organization) have
been commonly known by the domain name, even if you have acquired no trademark
or service mark rights; or
(iii) you are making a legitimate
noncommercial or fair use of the domain name, without intent for commercial gain
to misleadingly divert consumers or to tarnish the trademark or service mark at
issue. As you can see, the info I gave you was
correct. Non-use would be an issue, although you can argue you still are making
plans to use it in connection with your business. But if there is a business
already using the mark, and they can't get their own name because you have it
and are just sitting on it to spite them, you will likely lose it. [ Reply to This | Parent | # ]
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