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Friday, August 14, 2009

Faq - 2 Question: How was I supposed to know that my domain violates somebody else?s rights?

Question: How was I supposed to know that my domain violates somebody else?s rights?

Answer: It is the domain name registrant?s responsibility to make sure that the domain does not infringe or violate someone else?s rights. According to the Policy, by applying to register or renew a domain name, you are saying that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations.

Of course, you aren?t expected to look up trademark registrations around the world or research legal issues like common law trademark rights. That?s why the Policy requires the trademark owner (the complainant) to prove bad faith and why the Policy offers domain name holders the opportunity to demonstrate that they have rights or legitimate interests in the domain name. As mentioned above, the Policy was primarily intended to deter abusive domain name registration practices, not punish ordinary domain name holders who register a family name for the purpose of putting family news and pictures online or to prevent people with a legitimate business from registering a name they are commonly known by and then offering bona fide goods and services online.

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