Trademarks aren't protected under the DMCA, so I can't see any
responsibility by the ISP in this type of a dispute.
Even with a UDRP report, I don't see that you should have anything to
do. That is between them and the court. The UDRP would only effect
the domain registration, not the website or its hosting. I would say
that you are not able to do anything without a court order.
The registrar will deal with any UDRP stuff (Tucows presumably).
Friday, July 12, 2002, 2:21:15 AM, Ivan wrote:
> Hi all,
> 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)
> 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?
> Thanks
> _ivan
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