Ivan wrote: >Have a new situation for us. A client has registered a domain name, which >includes in that domain a trademark of another company. Now the company who >registered is an affiliate of the trademark holder.
>(example: bigbank.com is trademarked by Big Bank, the affiliate registers >BigBankStore.com) IANAL, and I'm in the UK so the law is bound to be different, but over here that could/would be considered as passing off and is fairly serious. >Ok, now Big Bank has sent notice that they believe BigBankStore.com >infringes on their trademark. As the Service Provider, and we also host the >site for the client, what is the course we should be taking. The Client >resides in Singapore. Are we liable for their actions? Do we need to act? >Should we wait for a UDRP report before doing something? Any suggestions or >similar experiences? The trademark infringement on the other hand is harder to argue. Are they using similar logos, have they "borrowed" text (that they shouldn't - they may be able to use some marketing spiel as part of the affiliate process) from Big Banks web site or literature? Has Big Bank sent notice to _you_ or your client? Logically you're just providing a service and have nothing really to worry about, just comply with what ever the _courts_ decide. Remember that lawyers will request all sorts of compliance and behaviour but you needn't do anything until a case has been ruled upon in court... and even then there are appeal processes. If you just pulled down the site because Big Bank asked then your client could theoretically sue you! just my tu'penth worth... Liam Bringing Unplugged Entertainment to the World... http://www.corx.co.uk/ :: Tune In :: Drop Down :: Game On :: A Fistful of Fun!
