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I always had this question and perhaps someone here can shine some light. It is my understanding that under US copyright law if you own a trademark you have so
by moralestapia 5y ago
I always had this question and perhaps someone here can shine some light.
It is my understanding that under US copyright law if you own a trademark you have some grounds to sue someone else that may be using/squatting "your" domain in order to acquire it.
What would happen, though, if the owner of the domain does not live in the US, does not operate in the US, nor has any other thing to do there aside from owning a .com domain?
- CrazyStat 5y agoICANN has a process [1] by which they can take the domain away from you, doesn't matter where you live. [1] https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Re...
- passerby1 5y agoI'm not a us citizen. But as far as I see, money talks in courts. So if one cannot afford a good lawyer, or at least does not have a valuable domain to defend using a borrowed money, that's it. Correct me if I'm wrong.
- 0xcde4c3db 5y agoI'm not a lawyer, but my impression is that money mostly matters in tipping the scales of a difficult case (e.g. Google v. Oracle) or in pursuing a case despite low stakes or a fundamentally weak legal position. Someone with a strong, high-stakes case can typically get a lawyer to take it on contingency.
- kube-system 5y agoMinor tangentially related quibble: copyright law and trademark law are entirely separate. The rules by which they work are different.
- moralestapia 5y agoThank you, you are absolutely right!