RE: [ga] Can trademark holders seize my domain if I haven't done anything in bad faith?

["Dominik Filipp" <dominik.filipp@xxxxxxxx>]

Richard,

 

As far as I have reviewed similar cases, courts, etc. addressing domain
trademark infringements, the plaintiff/judge should prove your intent to
use the name in bad faith, or in intentional confusion of the users
while (e.g. financially) profiting from the branded name. The registered
trademark NHS itself is not sufficient to lay claim to desist from using
the name by third-party owner (you). NHS can be an abbreviation for many
things such as national hockey standards or neural heterogeneous
systems, just mentioning the first stupidities that crossed my mind.

 

As far as your domain does not point to any genuine site, it has no
content which could be subject to further consideration as regards your
incentives or motivation towards or against the NHS trademark. I would
personally desist from collecting any material about NHS even if it was
not considered a clash of interest, ...but it could be.

 

In my opinion, your nhs.info site with a neutral content cannot be
considered a collision with the NHS interest, however loud their voice
or threats would be presented.

 

But, I am NOT a lawyer and this is not a legal advice.

 

Dominik

 

________________________________

From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
Of Richard Henderson
Sent: Friday, February 13, 2009 8:16 PM
To: ga@xxxxxxxxxxxxxx
Subject: [ga] Can trademark holders seize my domain if I haven't done
anything in bad faith?

 

Some time back I registered the domain www.nhs.info with the thought of
developing a little information website about the history of the NHS
(Britain's National Health Service) in the future when I got some time.

 

I've been contacted by the NHS, informing me that the UK's Department
for Health has a registered trademark for the term 'NHS'. They say that
by registering the domain name www.nhs.info I am infringing the
Department's trademark.

 

They also claim that the domain name is confusing internet users
(although there is no website - it's just a domain name that's been
registered).

 

I have not used this domain name in bad faith.

 

I have honest plans for it.

 

Moreover they had the opportunity to 'reserve' this domain name, if they
wanted to, through the processes set up by ICANN to allow trademark
holders to 'reserve' names if they wanted to. They didn't do that.

 

So I just bought a domain name in good faith. I want to use it when I am
ready to. Can a trademark holder, in these circumstances, just take a
domain name off me?

 

I have made no attempt at all to confuse anyone. I just bought the
domain on the open market.

 

Are domain names the intellectual property of a specific trademark
holder, giving them the right to seize someone else's domain, when the
present registrant has no malicious or bad faith intentions?

 



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