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

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

Dominik, Richard and all,

  I concur with Dominik's remarks below.  Further I would add, that
at some point depending on what other contact may be made with
you regarding your registration, be careful enough to record those
phone conversations, and if it occurs, keep separate copies of any
and all correspondence related to same.

  As you may know, ACTA which is in the offing and so far has
the approval of the US, is seeking extraordinary copywrite and patent
protections no currently in codified in existing law.  Yet the
particulars
are being kept quite secret at the moment, for reasons that seem
spacious at best.  Some of these provisions have leaked out and
do have direct impact on DN registration that carry criminal penalties,
not just civil penalties.  So seek the advice if and when you feel it is

necessary regarding your DN in the event such might become a issue
for you.

Dominik Filipp wrote:

> 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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> (20090213) __________
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>
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>

Regards,

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