UDRP help, please...

[jehnidiah]

Hi,

First, the facts: I own www.francaisedesjeu.com currently, and have it just hanging around on sedo. There is a company in France that does lotteries, and its name is Francaise Des Jeux, and they own www.francaisedesjeux.com.

Now, they sent me a registered mail today that says they believe I'm infringing on their trademark, and that they will go forward with "udrp proceedings" if I don't agree to disband the domain upkeep/parking.

My questions are these: 1) Since I spell it differently, it's not a trademark violation, is it? and 2) They're in France, and I'm in the US, and I did a search for US registered trademarks and Francaise Des Jeux is not one of them, so can they really do anything about it anyway, legally?

They say they believe there is a "fair chance" at a successful UDRP claim, and they cite their reasonings for believing so because the company has a monopoly in France, and that the French government owns the majority of the company in investments, neither of which strike me as particularly important in this instance.

So, can anyone help me, or give advice?

Thanks for any help you all give me.

 

[GDE]

Maybe I'm wrong but personally I would ignore them or offer to sell them the name under those circumstances you described, of course I'm not very up on the French language either and how things can be spelled in French (could be a factor) :hehe:

 

[primacomputer]

1) Since I spell it differently, it's not a trademark violation, is it? and 2)

One of the most popular cyberquatter myths. Wrong.

2) They're in France, and I'm in the US, and I did a search for US registered trademarks and Francaise Des Jeux is not one of them, so can they really do anything about it anyway, legally?

Yes

So, can anyone help me, or give advice?

Sure. Don't cybersquat

 

[jehnidiah]

I've done more research, and it turns out the popular thought is that if they don't have a US trademark, they have no case, and in this case, they don't have one. So, I appreciate you guys' input, but it sounds like I don't have a lot to worry about.

primacomputer: Can you dispell the myth somehow, or show me how those in France would be able to get me in trouble, by precedent? Please do if you can, because I'd be interested in getting all the facts before I make a decision.

 

[primacomputer]

Asking opinions on a few forums doesn't exactly qualify as research on a legal matter. Research would be something like reading a few UDRP decisions. Also, “popular opinion” is great, but it doesn't not change the facts, the laws of nature, or the laws of man.

If you choose to base your decisions on what “some dude” says instead of spending a few minutes on google then you will pay the price. If, however, you choose to invest a bit of time in real research about French companies taking names of cybersquatters try googeling for wipo+UDRP+trademark+france. If you're looking for facts get facts from a reliable source.

 

[jehnidiah]

Incidentally, the research I had/have conducted is not limited to a few forums, nor did I ever say that "some dude" said anything.

Either way, though, I thank you for your input, again.

 

[DNQuest.com]

Did you happen to research all the typo domains that were lost via a URDP? If you did, you get your answer.

Typos is a type of squatting..... look it up
.com is housed in the US, yes, they can get you... look it up
TMs DO NOT have to be registered to be a TM... look it up

After you do some real research, you will have your answer.

Maybe I'm wrong but personally I would ignore them or offer to sell them the name under those circumstances you described, of course I'm not very up on the French language either and how things can be spelled in French (could be a factor) :hehe:

Some people should not answer about things they do not know about. Sorry