How do you know if you might be violating somebody's rights when you are selling or buying a domain name on Details.at? To find out, take a look at the guidelines listed below. This information is not intended to be legal advice, but we hope it will help you trade safely on Details.at.
What is a domain name? A domain name is an address that is used for identifying and locating computers on the Internet (e.g., details.at and www.detailsAT.com ).
Can I sell or buy a domain name on Details.at? Generally yes. For the most part, domain names, like other lawful items, may be traded on Details.at. However, if a domain name contains someone's trademark, use of that domain name could be considered a trademark infringement, and the offering of it on Details.at could be considered "cybersquatting." In such cases, your listing could be reported to Details.at by a trademark owner who is a user of Details.at and ended early by Details.at. You could also be exposed to legal liability. To learn more about what all this means, read on.
Details.at Guideline:
If a domain name that you are listing on Details.at is similar to the name of another company or person, but you don't have that company's or person's permission, it's probably an infringement to sell it. |
What is a trademark? A trademark is a name or logo used by a company to identify its goods or services. For example, Details.at� is the name of our company, but it is also a trademark used on our site and various Details.at products. Coca Cola� is a trademark used in the sale of soft drinks. Many trademarks are registered, but a trademark need not be registered for an owner to protect it . Trademark laws are primarily designed to protect consumers from confusing one company's goods or services with those of another. Many companies register domain names that contain their trademarks. For example, Details.at owns details.at. The Coca Cola Company owns www.cocacola.com and www.coke.com . For more information on Details.at domain names, click here.
What is trademark infringement? Trademark infringement usually involves using someone's trademark on a good or service in a way that may lead to confusion as to the source or affiliation of the goods or services. For example, if you are not the Nike� company or authorized by it, it is probably an infringement to sell sports clothes called "Nikestuff." The same applies to domain names. If you operate a website using a domain name that contains someone else's trademark (e.g., "www.nikestuff.com"), people seeing that domain name and/or going to your site are likely to be confused that your site is affiliated with Nike when it is not. People may also mistakenly go to your web site thinking it's connected with the other company, only to find out that it is not. Domain names that may be considered infringing also include intentional misspellings or confusingly similar names (e.g., www.wwwdetails.at , www.detailz.at . Just because a company hasn't registered all variations of its name or trademark as domain names doesn't mean that others can use those domain names; if the domain names are likely to confuse consumers, they're probably infringing. For more general information on trademark law, click here.
What is Cybersquatting? The United States Congress recently passed the Anticybersquatting Consumer Protection Act which generally prohibits using a domain name containing another's trademark with an intent to profit. That law provides for penalties of up to $100,000 per domain name against persons who in bad faith use, sell, or offer for sale a domain name that infringes another's trademark. Offering to sell a domain name may be used to establish "bad faith" and could expose you to serious liability. This new law also covers certain domains containing people's names if those names are also trademarks (e.g., www.jacknicklaus.com ). The use of a domain containing another's trademark also may violate pre-existing trademark law.
The Risks of Selling Infringing Domain Names. If you are selling a domain name that appears to be infringing, it may be ended early by Details.at. We do not permit the offering of infringing domain names, and we may end them to protect our users and Details.at from potential liability. You may also expose yourself to serious legal liability from the owner of the relevant trademark or personal name.
If you have any doubts that a domain name that you intend to offer for sale on Details.at may infringe another's trademark, we encourage you to contact the trademark owner or consult your own attorney.
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