3 ms·

> He has all the rights to use the domain, as its his name, and simply bought it first. Neither of those would be sufficient. The decisive factor is that he's

by brazzy 13y ago

> He has all the rights to use the domain, as its his name, and simply bought it first. Neither of those would be sufficient. The decisive factor is that he's actually operating a legitimate business under that name.

StavrosK 13y ago
How is that a factor? That means that anyone can take my domain by registering a company with the same name and suing me for it.
- jpatokal 13y ago
  No, they need to pass the three-step test: * The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; * The registrant does not have any rights or legitimate interests in the domain name; and * The registrant registered the domain name and is using it in "bad faith". http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy#Process http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Res...
  - StavrosK 13y ago
    Ah, right, so the decisive factor of the GP is not whether the guy is running a legitimate business, it's whether the guy is using the domain to mislead people into thinking he's Nissan cars. So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct?
    - deleted 13y ago
      [deleted]
    - ytjohn 13y ago
      Correct. They couldn't take it away, but (like Nissan Motors tried) they could make it financially difficult for you to keep it. Now, if Mr. Nissan started doing something like setting up a car forum and reviews on his site, he would get into very dangerous territory. Right now (at least for me) nissan.com has an advertisement for an insurance agency that sells car insurance. I would say that is about as close as Mr. Nissan can come to blurring the line to car.
    - brazzy 13y ago
      > So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct? They could if they could convince the UDRP panel that the "personal site with a few family photos" is just a sham and the the domain holder's true intention is to extort as much money as possible from Nissan.

by brazzy 13y ago

StavrosK 13y ago

How is that a factor? That means that anyone can take my domain by registering a company with the same name and suing me for it.

jpatokal 13y ago
No, they need to pass the three-step test: * The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; * The registrant does not have any rights or legitimate interests in the domain name; and * The registrant registered the domain name and is using it in "bad faith". http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy#Process http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Res...
- StavrosK 13y ago
  Ah, right, so the decisive factor of the GP is not whether the guy is running a legitimate business, it's whether the guy is using the domain to mislead people into thinking he's Nissan cars. So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct?
  - deleted 13y ago
    [deleted]
  - ytjohn 13y ago
    Correct. They couldn't take it away, but (like Nissan Motors tried) they could make it financially difficult for you to keep it. Now, if Mr. Nissan started doing something like setting up a car forum and reviews on his site, he would get into very dangerous territory. Right now (at least for me) nissan.com has an advertisement for an insurance agency that sells car insurance. I would say that is about as close as Mr. Nissan can come to blurring the line to car.
  - brazzy 13y ago
    > So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct? They could if they could convince the UDRP panel that the "personal site with a few family photos" is just a sham and the the domain holder's true intention is to extort as much money as possible from Nissan.