Suggestions for business name please....

[L00b]

Good tip (I have around 100 short (4 & 5 letters) pronouncable .com domains. Call them investments for my kids..

 

zywol.com may be the next google?

A very laudable intent...but (there's always one )

Bear in mind that if you own zywol.com and you are not using it, then if and when company XYZ was to register zywol as a trademark (whenever after you bought the domain, provided you have not registered it yourself first), then they would render your registration entirely worthless, since using it would infringe their registered trademark.

Not to mention, quite likely they would also start entitlement proceedings under the UDRP at WIPO (= ultimately dispossess you of your registration), since the process is quick and inexpensive. Swings both ways I'm afraid

[sharpend]

A very laudable intent...but (there's always one )

Bear in mind that if you own zywol.com and you are not using it, then if and when company XYZ was to register zywol as a trademark (whenever after you bought the domain, provided you have not registered it yourself first), then they would render your registration entirely worthless, since using it would infringe their registered trademark.

Not to mention, quite likely they would also start entitlement proceedings under the UDRP at WIPO (= ultimately dispossess you of your registration), since the process is quick and inexpensive. Swings both ways I'm afraid

 

Define "using it" presumably you mean as an active site?

 

Also, I would appreciate a few on the link below

 

http://www.avivadirectory.com/domain-law/

 

particularly, item 2.

 

and bearing in mind that I haven't used the domain in bad faith...

[L00b]

Define "using it" presumably you mean as an active site?

Yes. In a bona fide manner, not just with a placeholder page. By 'placeholder', I don't just mean the standard 'this page is hosted by...' (devoid of actual content), but also content which is manifestly used as such (e.g. a jam recipe or a treaty on reproductive habits of donkeys for "G00gle.co.uk")

Also, I would appreciate a few on the link below

http://www.avivadirectory.com/domain-law/

particularly, item 2.

and bearing in mind that I haven't used the domain in bad faith...

That borders on asking for legal advice, which (i) I don't do on here and (ii) would be in respect of US Law, in which I am not qualified (but in which a US Attorney would ).

 

By way of commentary, there are a fair few principles in this article, which have now been implemented in the UK/at EU level (these principles essentially correspond to principles of equity underpinning trademark legislation, which is being increasingly harmonized on a global scale, so no surprise there).

 

Moreover, ICANN's UDRP (or WIPO's UDRP, same-o same-o) is principally in respect of .com registrations, but the UK has its own D(ispute)R(esolution)S(ervice) administered by Nominet for .co.uk registrations.

 

Case Law is still thin on the ground, but there's already tons of decisions (UDRP/DRS procedures are not 'at Court', so their outcome does not constitute Case Law and does not bind Courts), which very much favour registered trademark proprietors.

Case Outcomes

In 2008, almost 30% of all cases were settled without a panel decision. Of the remainder, 85% of the panel decisions favored the complainant, while 15% of the complaints were denied, leaving the names in the possession of the registration holder. Cases were handled by 285 WIPO panelists from 40 countries.

(source = have a look here for some recent stats and a little insight)

 

 

 

 

...and people thought it was just a matter of finding an available domain and snapping it up

Edited June 23, 2009 by L00b