When choosing a domain name the trademark- and trade name rights of others have to be taken into account. A domain name should not be identical, or confusingly similar to someone else’s trademark that has been registered as a trademark for the same or similar products or services as those for which the website, that the domain name relates to, is used.
In case of a well-known trademark, taking action against a domain name that is not used or used in a different branch is often possible if the other party benefits from the goodwill of the well-known trademark. If someone else has registered a domain name with the clear intention to cross someone, benefit from their goodwill or in case of cyber-squatting, taking action is usually also possible.
Vriesendorp & Gaade has a broad experience and is an expert in litigation and dispute resolution proceedings (arbitration) in case of domain name conflicts.