Kotakinvestment.com Trademark issue

[getaddicted]

Hello people,

Im Sohil From india..

I have many Domains including the one KOTAKINVESTMENT.COM. I have this domain from around last 14 months or so..

But 3 days back i got a legal notice from the company saying that KOTAK is a trademark name of theres.. And i cant keep that domain.

They want me to transfer the name to them. So Can you advice anything can be done..

Looking for your comments or anyone faced the same problem.. And if yes what you did...

thank you

 

[nielsencl]

It's funny, but I just happend to find this site, Domain Statute that has some information on the subject. I found it becuase I was researching a domain and found a page that talked about the same kind of thing.

You will want to get as much information as possible, but I think if you do not have a site built on the topic of the domain, and someone that has a trademark comes along, you don't have much in the way of legal rights.

It's not a matter of misuse in most cases, it's a matter of "cyber-squating" where the domain should be used by someone with a proper business use, and not just parking...

My advice would be to try and get them to pay you a fair price for the domain. After all, if someone else had gotten it, like "KOTTON Alaska Investments", they would have been out of luck! So while I would plan on turning it over to them, I WOULD NOT do it for free. It's going to cost them abut $2,000 just to file, if I read this page correctly. I know the filing fee to make a complaint used to be about $500.

So if you figure the filing fee and the lawyer's fees, you can set a price that will be cheaper for them to get the domain. I don't know if you have any advantage being located where you are, but I suspect that you may.

I would just hang tough and try to get a fair price for it and be happy with that. You should keep in mind that anything you say about the domain may be used to help their case.

 

[nick]

Kotak investment is a tough one.

I have heard about the company. And if the company thinks that you are breaking their trademark then you should hand it over to them if you do not have any other reason for using this domain name.

 

[getaddicted]

thanks neilsen,

But i just feeel it differs a bit country wise, im still confused what to do.

You can see the Domain its just blank from last 6 months or so.. I just kept the Domain for selling it..

I really dont know how should i deal with them. should go against them or give them.. I have contacted few people about it and lets see where i hold up..

Thank you. I just need to know about the indian goverment how they Deal into this situation. dont know if anyone has faced the same problem..

thank you

 

[nielsencl]

I don't thing it's a US or India, other country issue, it's an ICANN issue. Unless you have a "valid reason for keeping the domain (and you don't really) then the best you can hope for is to make it easy for the company by offering to sell it to them at a reasonable price so that it will cost them less then if they do what they need to do and take it away from you.

If you want me to see if I can talk to them I will, but see what other information you can find out first. Send me a PM with their information and I can see what I can do to give you a hand with this.

 

[Randall]

I think this would help clear the doubts. http://www.icann.org/udrp/udrp.htm

Thanks.