Website name can cause legal issue ?

[pbc92]

I recently purchased a domain named "Hi-5ive.com" as it seem'd to be available.

Later I bumped on to a site named, hi5.com which is a social site (gaming as per wikipedia).

Now if I build a social networking site on my domain, "Hi-5ive.com" which it caused trademark violation or any legal issue ?

If yes, what are the options, that I have ?

site in question is : www.hi5.com
and my domain is : www.Hi-5ive.com

Looking forward to getting some guidance.

 

[STEPHAN]

What country are you at?

 

[pbc92]

I am from India.

 

[racer72]

I am from India.

Sorry, we only deal with US law in these forums.

 

[pbc92]

hi5.com is an US based site.
Thus the question.

 

[Zigner]

hi5.com is an US based site.
Thus the question.

Yes, but you're in India.

 

[quincy]

hi5.com is an US based site.
Thus the question.

There is no international trademark law. If the US-based site has problems with your use of a similar name (ie, if they believe consumer confusion is likely to arise as a result of the dual use of the name), the trademark holder in the US would need to take legal action against you in India, in an Indian court under India's trademark laws.

In addition, domain names on their own are not trademarks. More is required for a domain name to interfere with the rights of a trademark holder.

I recommend you seek advice and direction from an IP attorney in your area of the world. Good luck with your social networking site.

 

[FlyingRon]

Further domain name disputes are distinct from trademark law (and in fact are governed by no sane body of law). If you have a legitimate corporate name or mark usage you're probably set. If you're infringing or you acquired the domain in bad faith, you may lose it if the other party starts the arbitration action under UDRP.

 

[quincy]

Further domain name disputes are distinct from trademark law (and in fact are governed by no sane body of law). If you have a legitimate corporate name or mark usage you're probably set. If you're infringing or you acquired the domain in bad faith, you may lose it if the other party starts the arbitration action under UDRP.

Here is a link to the Uniform Dispute Resolution Procedures under ICANN: http://www.icann.org/udrp/udrp.thm

Because the dispute resolution procedure is non-binding, is not sane (as you note), and can be costly, many trademark holders will instead go to court over domain names they believe conflict with their trademark - and the trademark action will proceed as any trademark infringement action would (which is a little more sane than UDRP ).

With a foreign domain name holder, however, any dispute stands to be costly for both parties and, therefore, it is always best to avoid putting yourself in a position where a legal conflict seems likely.