Dumbstruck
- Started
- Last post
- 10 Responses
- Ruffian
Just received an e-mail stating that the selected ".lv" domain name is restricted because it interferes with EU trademarking laws. So every name that is trademarked is out of reach? Wtf, is it the same in the states?
- ribit0
But what did they mean by 'restricted'? (will they register it or not? Are they asking for more info on your rights to the name? etc...)
Normally you are able to register any unregistered domain and deal with the trademark and other legal issues later. This registrar may be imposing their own policy, or a local policy... other registrars may handle it differently.
- Ruffian0
FFS, as I found out there is a company registered under that name and they own the rights for the domain name even if it's not registered and the company has gone out of business. The laws in this country are making me go crazy. I contacted the patent bureu to find out about the possibility to register the trademark in Latvia and they told me to go fuck myself since their database is down and wont be back in two weeks.
What it comes down to is having my arms tied behind my back for those two weeks (probably a month). Lovely.
- ribit0
The rules about domain name registration don't usually include allowing a non-contactable trademark holder (registered or unregistered) to block registration of an unregistered domain name. They can make claims on it any time they like, but the domain registrar shouldn't be getting involved? Have you found a registrar outside of Latvia that can do the registration, or do they all get channeled through some local authority?
- ribit0
How is this 'they own the rights to the domain name' documented anyway? What system/law is covering that?
- Ruffian0
They were so helpful and provided me with all this information:
The chosen domain name matches a trademark registered in the EU. For more information go here: http://oami.europa.eu/CTMOnline/…
You have the following options:
1. Chose a different domain name.
2. Get a written consent from the trademark holder that they allow you to register the selected domain.
3. Hand in a written agreement that the trademark holder can grab the domain name at any given time.
That's all I got for now :D
- ribit0
They really need to back up a step...
They still haven't told you (or you haven't told us) WHY they are taking trademark rights into consideration when it comes to domain name registration. Thats the bit I'm interested in (why they are getting involved in trademark law when they are meant to be a domain registrar, the two aren't necessarily linked and they should explain why). They seem to be running their own policy on this, so you might want to find out what that policy is (exactly) and then see if you can challenge it, or go around it (by going to a different registrar).I also wouldn't agree to giving up the domain to the trademark holder..it depends on how you plan to use it.
For example I have registered london2012olympics.com, which has not only trademark protection but also special laws enacted to govern its usage, but I still believe I can use it for a news site about the London 2012 Olympics, because I am not contravening any part of the laws (there are exemptions for editorial use, for example), so the trademark holder should not be able to claim the domain from me...(I hope).
- Ruffian0
I asked them the same question and the answer I got was:
"That's the current law when .lv domains are in consideration" (rough translation, I'm getting tipsy)
It's pretty fucked once you want a .lv domain, since they are only registered and distributed through nic.lv. And they couldn't give a fuck any less.
- AndyRoss0
Maybe you haven't paid the proper bribe.
- Ruffian0
Ehh, I'll worry about it on Monday.
Cheers and thanks for your help!
* chug chug chug