Trademark vs Domain infringement?

by **akule76** » Thu Apr 07, 2011 4:10 am

I'll try to use examples rather than actual names hope someone could understand my concerns and guide.
I have registered a domain ABCOnline.com and willing to buy a product ABC from a company called XYZ, ABC is their product and also trademark. Now because I am selling their products am I convicting trademark infringement on my domain also I have registered a company in companies house ABC Online Ltd.

I have tried to contact XYZ Ltd and ask to buy their product name ABC but they didn't like my plan. If I go ahead with my work and buy ABC products from one of their existing distributors and sell it online. I am still not competing with XYZ Ltd coz I am seeling ABC which is their products.

Can they ask me to remove my website or sue me on my actions. I am potentially selling their products on my website.

Please advise, thanks for your help

Best Regards

by **tahmelapachme33** » Thu Apr 07, 2011 4:18 am

What you're trying to do is called cybersquatting. It's illegal.

by **voliny13** » Thu Apr 07, 2011 4:24 am

No, you would need express written permission from the Trademark holder before proceeding in this situation. Even if you are selling their products they still have right to control how their trademarks are used. Generally this is not granted, use of the name in your address is much different than just on the pages. You would need a strong partnership with the holder as it does imply an endorsement. So you may see how it is difficult to grant this for you as it opens liabilities for them in the future.

by **ahanu** » Thu Apr 07, 2011 4:30 am

Without their permission, you are infringing their Trademarks. It does not matter what you sell, they control the right to their trademarks.

by **symington** » Thu Apr 07, 2011 4:42 am

I would call a Lawyer and find out for sure

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