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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I own the trademark in New Zealand and someone in

Customer Question

I own the trademark for Sized in New Zealand and someone in New Zealand owns the domain name: sized.com I would like to get the domain name, but the owner refuses to correspond.
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
It is possible to obtain a domain name which is strikingly similar to a trademark using what is called the UDRP procedure which is an arbitration procedure run through the WIPO office and other dispute resolution providers. Your trademark would need to be strikingly similar, but I suspect that yours may not be that close under the UDRP rules. You cannot compel the owner of a domain name to sell it, and you may be aware that sometimes the most valuable names change hands for large sums of money. So you can find out about the UDRP rules at this site https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en
Expert:  Chris The Lawyer replied 6 months ago.
The procedure is that you make the application through the dispute resolution provider, and if you succeed, there will be an order that the name be transferred to you.
Customer: replied 6 months ago.
Hi there, the trademark is more than strikingly similar, its exactly the same. Are there steps we can take in New Zealand?
Expert:  Chris The Lawyer replied 6 months ago.
This domain name is ***** ***** of the New Zealand Domain Name Commission jurisdiction, because it is a generic top level domain. You can only use the UDRP procedure
Expert:  Chris The Lawyer replied 6 months ago.
You can ask a New Zealand lawyer to help with the procedure of course

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