What if somebody else has registered my trade mark/company name or trading style as a domain name?
Generally, domain name administrators have adopted a passive attitude and domain names are accepted on a “first come, first served” basis. Administrators do not have the resources or the legal obligation to screen domain names to determine whether the registration of that domain name would infringe the rights of a third party. Domain name administrators will however abide by a court order to deregister a domain name, or to change the details of the domain name registration to reflect the true proprietor of the trade mark as the domain name owner. One option for the trade mark proprietor is to address a letter of demand to the domain name owner, demanding that it deregister the domain name as it conflicts with its trade mark rights, registered or at common law. If the domain name owners complies with this demand, it is not sufficient to inform the trade mark proprietor that he is willing to relinquish the domain name; the domain name administrator must also be advised.
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