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View Full Version : Bad faith or fair game?


jacksonm
14th February 2007, 03:19 PM
The below mentioned name is just an example for the question; it is not really available.

If there is an international mustard company called "Kühne" who already has "kuehne.com" and "Kühne" also happens to be a very popular last name, and I find ""kühne.com" available, then would my reg be considered bad faith or fair game? Especially if I know that "kuehne.com" will most likely want to buy that name sooner or later?

Opinions, please.

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jacksonm

sarcle
14th February 2007, 03:24 PM
The below mentioned name is just an example for the question; it is not really available.

If there is an international mustard company called "Kühne" who already has "kuehne.com" and "Kühne" also happens to be a very popular last name, and I find ""kühne.com" available, then would my reg be considered bad faith or fair game? Especially if I know that "kuehne.com" will most likely want to buy that name sooner or later?

Opinions, please.

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jacksonm

Not if you use it for say "family purposes"

German courts have already decided that owning the ascii doesn't entitle you to the idn.

But if you put ads up for mustard, yeah, you are going to get the name taken away.

jacksonm
14th February 2007, 03:28 PM
OK, what about this:

1. it's a .com

2. it's not my family name

3. I won't put up ads regarding anything to do with the ascii company's products, etc. I might just hang a for sale sign there and nothing else.

4. I "know" that they will want it.


With that in mind, bad faith or fair game?

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jacksonm

thefabfive
14th February 2007, 03:29 PM
I agree. Fair game for non-mustard related uses.

sarcle
14th February 2007, 03:32 PM
OK, what about this:

1. it's a .com

2. it's not my family name

3. I won't put up ads regarding anything to do with the ascii company's products, etc. I might just hang a for sale sign there and nothing else.

4. I "know" that they will want it.


With that in mind, bad faith or fair game?

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jacksonm

I am in no way a lawyer. But as long as you aren't using it to sell a competing product I don't see a problem. Especially if the word has another meaning.

But they still may come after you just the same. So it's your call.

thefabfive
14th February 2007, 03:37 PM
"For sale" signs have sometimes been ruled as proof of bad faith. I wouldn't advertise the domain as for sale.

Put up a simple website with family name related items or services.

Drewbert
14th February 2007, 05:33 PM
>I might just hang a for sale sign there and nothing else.

Like waving a red flag at a bull.

jacksonm
14th February 2007, 07:01 PM
Heh! Ok, I got the message. Thanks for the replies.

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jacksonm