Sean Newman skrev:
> Yes Victor, It doesn't matter if its a .org .com or
some country code
> TLD as in this case. Once there is trademark
infringement and 'bad
> faith' use then its cybersquatting. And no it may not
be 'illegal' but
> ICANN and country code registrars have dispute policies
set up for
> exactly this case when someone tries to hijack a TM
name and sell it
> for huge profits. All Dries or the DA has to do is
contact the .se
> registry (I think that that is http://iis.se), and find out about
> their dispute resolution policy.
Yes, the Internet Infrastructure Foundation is responsible
for the
top-level Swedish Internets domain, .se <http://www.iis.se/
lang/?id=en>.
Disputes about a .se domain can be handled by the their
Alternative
Dispute Resolution proceedings <http://www.ii
s.se/domains/aboutATF>.
> It might cost about 1,500 or 2,000 (not sure) to file a
complaint, but
> the squatter would stand no chance.
The cost is approximately $1,250 USD or $2,500 USD,
excluding VAT,
depending on whether there is one or tree arbitrators,
respectively.
(See http://ww
w.iis.se/domains/aboutATF/atfcost.)
> Once he tried to sell it for thousands, it is clear
'bad faith', not
> to mention TM infringement. And yes he can be sued for
misuse and TM
> infringement by Dries if Dries so chooses. It really is
incredibly
> naive and frankly quite stupid to register a TM domain
and then try
> to sell it back for profits. Imagine if he registered
pepsi.se
> <http://pepsi.se> or
microsoft.se <http://microsoft.se>
and then tried
> to sell it for thousands of dollars. He'd get a lawsuit
faster than he
> could say the word 'lawsuit'.
I agree. IANAL, but I am certain that Dries, as the rightful
owner of
the brand, if not registered in Sweden at least by
prescription, will
win a such Alternative Dispute Resolution proceedings.
/ Thomas
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