Bought Domain Name For Daught Dior

[rizo6801]

What is the name of your state? CA


Just had a little gilr 4 weeks ago Her name is Dior and my wife bought the domain name Missdior.usa or .net Now we recieved a letter from Christian Dior saying we have to hand over the domain name because it has the name Dior. Can the do this even though its not even a Website? We just bought it so she could have her own Domain name..

Thanks

chris

 

[divgradcurl]

They are asserting their rights under the Anticybersquatting act. In order to prevail:

"Basically, a trademark owner only has to prove three things, (1) the domain name is a distinctive or famous mark entitled to protection, (2) the domain name is "identical or confusingly similar" to the trademark or service mark, and (3) the domain name holder registered the domain name with the bad faith intent to profit from the mark "

http://gsulaw.gsu.edu/lawand/papers/su03/rockwell_stephanie/

So, in your case, if they can't show that you intend to profit from the mark, you should be allowed to keep the name. Perhaps you could respond to the letter, either by yourself or with an attorney's help, and point out the reasons you chose this particular domain name, what you intend to use it for, and why you are not intending to profit from the use of their mark. Maybe they will leave it be.

But maybe not. Then the question becomes, are you willing to shell out the money for a lawyer if they decide to pursue this?

 

[Bigfoot]

Use it. It's Dior's fault for not buying up all of the possible web 'affective' addresses.

And to really have some fun, have it hosted by someone like biznet, which will host for free in exchange for commercial banners.

 

[ipstudent]

DO NOT LISTEN

Use it. It's Dior's fault for not buying up all of the possible web 'affective' addresses.

And to really have some fun, have it hosted by someone like biznet, which will host for free in exchange for commercial banners.

In order for Christian Dior to effectively remove the domain from your possession, as reply #1 stated, the owner of the trademark in question must prove the following:

1.) The domain name is identical or confusingly similar to the Mark.
2.) The owner of the domain name has no legitimate interests
3.) the owner of the domain name has registered it in bad faith (ex: to benefit from Christian Dior's goodwill)

1.) True, the domain name can possibly be confusingly similar to the Christian Dior mark.

2.) Since you have a daughter named Dior, your use of the domain is in good faith. You are NOT advertising a service or product that is within the scope of CD's business... so that's out, right? You have legitimate interests, you want a domain name for your daughter.

3.) Your registration is in good faith and you are not using it to disrupt Christian Dior's business.

However, if you do advertise on it - i advise that you do not - be very careful with what you do so that it is not within the scope of Christian Dior's business otherwise the domain will be taken from you.

Good luck and feel free to ask more questions.