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Trademark infringement on .IT domain
TicMan
Melbourne, Victoria
7908 posts
I just registered a .IT domain through GoDaddy with success. After a few days I get this email and I'm not sure if it's a fake/phising one or not. I'm normally pretty skeptical and delete the email but GoDaddy forwarded this on to me as the domain is registered by proxy.


the above domain name is currently using our local presence service in order
to comply with the .IT Registry's terms and conditions. Registro .it the .IT
- Registry, requires that the registrant of the domain as well as the Admin
Contact has to have a place of general jurisdiction within Europe. Thus,
Privacy Protection Service Ltd. is the Registrant and also provides the
Admin-C for the above domain.

The domain name that has been registered on your behalf infringes upon third
parties' rights (trademark rights / right to a name).


Now I was thinking it was legit and the only two requirements to fulfil is that I have to be a resident/citizen of the EU (I'm a citizen) and that I have valid claim to the domain name without infringing trademark. I got to this point in the email;


Therefore we ask you to comment on the above circumstances and to provide us
with a written form, by Nikon Corporation, 12-1 Yurakucho 1-Chome
Chiyoda-Ku, Tokyo, Japan, the trademark owner, that entitles you to use the
domain name and the content, offered there under,

by:

April 26, 2012, 12:00 CET.


And I started to question the legitimacy. Not only am I supposed to get a written form from Nikon but I also have to do it in less than 48 hours.

Has anyone had the same thing happen to them for an .IT domain?
10:41am 25/04/12 Permalink
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10:41am 25/04/12 Permalink
cJay
Brisbane, Queensland
1268 posts
This is why I do not register domains with s***** overseas registries, had some similar a while ago with some Asian company claiming I stole their domain name, I told them to screw themselves and never heard from them again...
10:55am 25/04/12 Permalink
TicMan
Melbourne, Victoria
7910 posts
I see the Asian one all the time which is just obviously fake. I don't know of any Australian registrars that do .IT so went with GoDaddy.
11:03am 25/04/12 Permalink
Pinky
Melbourne, Victoria
13085 posts
I tried to register a few .it domains recently but ran into a brick wall with the Italian/Euro citizen thing.

In other domain name news I have some pretty good .xxx domains, haha. Waiting for them to become more popular. There is a bit of extra bureaucracy to go through with those than a normal .com or .com.au.
12:17pm 25/04/12 Permalink
Herron
Brisbane, Queensland
122 posts
Nikon is claiming they own the trademark of the domain name in Europe so are you infringing with your chosen name? Only you can tell us that and that's pretty much the only way anyone here can give you advice. Does the domain contain Nikon in it or any of their product names? Maybe do a trademark lookup in EU and see if they do have a right to that name.

Godaddy forwarded the email automatically so they have nothing to do with it. Any email sent to the privacy address will just get sent to the registered email.

Trademark infringements (for domains) get sent all the time via email. I highly doubt they are phishing but are trying to get the domain off you but might be trying to scare you to hand it over. If you are breaking their trademark then they do have a right to the domain and I'd be careful how you handle it. Ignoring them isn't wise.

12:53pm 25/04/12 Permalink
ravn0s
Brisbane, Queensland
14986 posts
what's the domain you registered?
12:56pm 25/04/12 Permalink
TicMan
Melbourne, Victoria
7913 posts
The domain is fotoshare.it

Seems legit that they have a trademark on the name for some software package they have which is a bummer, shame that the steps to register weren't clear on trademark infringements (and checking them) before proceeding.

Edit: I found a european trademark lookup site that has the trademark of "Nikon Fotoshare" and not just "Fotoshare". The class items are also different to what the site will be used for so I'll send an email highlighting this and asking for clarification why it infringes their copyright.
01:12pm 25/04/12 Permalink
skythra
Brisbane, Queensland
5427 posts
Don't reply, send an email to Nikon directly clairfying it. That way you can sort out phishing and also if it was real you can still say you tried to contact nikon in the case it was legitimate.

If nikon really wanted it they would have had the money to have purchased it.
01:24pm 25/04/12 Permalink
Pinky
Melbourne, Victoria
13086 posts
Agree with skythra.

I wouldn't do anything in fact.

If you're not doing anything with the domain name (other than owning it) then it seems impossible to be infringing on copyright. Seems ridiculous. As for "right to a name" I don't know enough about that - but knowing the EU and how social it is generally, and the fact the claimaint is Japanese, I wouldn't do anything at all.
07:11pm 25/04/12 Permalink
Superform
Netherlands
7371 posts
as the guy who looked after all of heineken global domains I can tell you that the only claim they have is if they registered fotoshare as a trademark in Italy.

If they did then you have no leg to stand on and will need to surrender the domain.

Do you have a trademark on the name?
10:10pm 25/04/12 Permalink
Superform
Netherlands
7372 posts
If you're not doing anything with the domain name (other than owning it) then it seems impossible to be infringing on copyright.


having nothing there is just as bad as having something there.. especially if its an exact match trademark

the worst case if if you have something there which is cashing in on the trademark

I have dealt with most countries - Italy is easy to claim trademark, the harder ones are eastern european countries.. Macedonia being prob the hardest I have had to deal with
10:15pm 25/04/12 Permalink
Whoop
Brisbane, Queensland
19783 posts
Why on earth would you even try to register a domain using the name of a well known companies software or whatever? Be like registering microsoftwindows.com and then b****ing because ms want you to take it down.
10:21pm 25/04/12 Permalink
scuzzy
Brisbane, Queensland
15331 posts
Why on earth would you even try to register a domain using the name of a well known companies software or whatever?
http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft Because sometimes the larger companies aren't in the right
07:49am 26/04/12 Permalink
TicMan
Melbourne, Victoria
7917 posts

is if they registered fotoshare as a trademark in Italy.


The trademark comes up as being European, although it's for the full "Nikon Fotoshare" and not just "Fotoshare" by itself.


Why on earth would you even try to register a domain using the name of a well known companies software or whatever?


You wouldn't and I wouldn't have if I had any idea it was trademarked by anyone.

Turns out the proxy company ended up taking control over night before their original deadline and ended it with a "Tough s***" type response. Will see if GoDaddy are likely to refund the registration fees.
09:15am 26/04/12 Permalink
scuzzy
Brisbane, Queensland
15332 posts
Bummer
09:43am 26/04/12 Permalink
hardware
Brisbane, Queensland
10189 posts
i've got a Nikon camera
i love to take photographs
so mama don't taaaake my kodachrome away
10:46am 26/04/12 Permalink
$ack
Brisbane, Queensland
1498 posts
http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft Because sometimes the larger companies aren't in the right


A settlement was eventually reached, with Rowe granting ownership of the domain to Microsoft in exchange for Microsoft products and training.


LOL fail!
12:04pm 26/04/12 Permalink
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12:04pm 26/04/12 Permalink
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