Hoosierhunter Wrote:But I think a registrar that allows a blatant infringement is assisting somehow in fraud. Like a misspelling of a common business name, for example. Do you think a registrar should allow that to go through?
And how's the registrar supposed to know it's a "blatant infringement"?
I'll tell you what: let's create a scenario, shall we?
Imagine you, Hoosierhunter, registers defg.com with triumph's registrar. You
then put up a forum about widgets (with a touch of adsense).
Six months later, it's a very popular site making you about $5k from adsense.
Another six months later, I register degg.com also with triumph's registrar to
sell my fangled new widget ball named degg. I also file a registration with the
USPTO with the intent to use the word "degg" to sell them.
Along the way, I find your forum and its domain name. I examine it and am
lead to believe it's infringing my trademark rights.
I call triumph's registrar and tell them, "Hey guys. This bozo's domain name
is infringing my trademark. Can you shut it down for me please?"
Then the registrar's rep shuts down the domain name just like that. Or s/he
forwards the request to a higherup and they shut it down pronto.
A day later, you get tons of email complaining the forum's down. You check
it out and confirm the status.
You call triumph's registrar and demand to know what's going on, saying you
are potentially losing $5k. Eventually you're told it's shut down because it's
infringing my trademark rights.
Then you ask how could your domain name infringe my trademark rights,
especially since there's a difference in one letter. Well, your forum's topic is
kinda similar to my topic, and just that one difference can matter.
Not a nice scenario to happen, don't you think?
Point is, you'd better be careful what you think or wish for. It just might come
true and you might be on the bitter end of it.
(BTW, something like what I described above almost happened.)