Domain Name & Trademark Issues


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JLee

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Jul 6, 2005
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Planet Earth
www.jinolee.com
#1
Hi all,

I've registered a domain name www.practical-photography-tips.com yesterday with intent to do ecommerce in the near future. But "Practical Photography" is a registered TM of Emap in UK and it includes "all related to photography" in their Sec 16 registration. But www.practicalphotography.com belongs to someone else and not Emap.

Do you think I can still proceed to use my domain? Will I face legal issues in the future? I know I can always drop it to avoid any legal issue but the question is Can I Still Use It? :dunno:

Any lawyers, law students or TM expert willing to enlighten? Anyone?

I've researched other TM examples such as Digital Photo. One company owns the TM for "Digital Photo" and another company owns "Digital Photo Lab" and the third for "Digital Photo Organizer". So if that's legal, so do you think my case is also legal?
 

fireframe

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Dec 5, 2003
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#2
For the .com domain space, there's hardly any regulations. Practical Photography may approach you to transfer the domain to them, but so long as you are actively using it for legitimate purposes, they cannot force you to do so. They can only go to the courts in cases of domain squatting.
 

JLee

New Member
Jul 6, 2005
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Planet Earth
www.jinolee.com
#3
fireframe said:
For the .com domain space, there's hardly any regulations. Practical Photography may approach you to transfer the domain to them, but so long as you are actively using it for legitimate purposes, they cannot force you to do so. They can only go to the courts in cases of domain squatting.
Thanks for the input. My understanding is that besides name squatting, the domain should not be close to a TM name even the connotation should not be close. So I'm confused over this legal matters.
 

kenzi

New Member
Mar 25, 2005
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#4
I have no clue about legal stuff, guess it depends on whether Singapore participates in International Laws that may forbid such *proximity* since these involves organisations/people in differing countries.... think the Bak Kwa war of names in the past.
 

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