Intellectual Property Law

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Below is an email I received yesterday regarding the name of…

Below is an email I...
Below is an email I received yesterday regarding the name of my domain. It sounds to me like they are notifying me that someone else wants to use this name. I do not understand any potential concerns I might need to be aware of. For example can they go after me eventually for my domain name? Looks like they are trying to trademark it.
Karen

We are a Network Service Company which is the domain name registration center in Shanghai, China. On September,8th,2010, We received HUATAI Company's application that they are registering the name "winerackdecor" as their Internet Trademark and "winerackdecor.cn","winerackdecor.com.cn" ,"winerackdecor.asia"domain names etc.,It is China and ASIA domain names.But after auditing we found the brand name been used by your company. As the domain name registrar in China, it is our duty to notice you, so I am sending you this Email to check.According to the principle in China,your company is the owner of the trademark,In our auditing time we can keep the domain names safe for you firstly, but our audit period is limited, if you object the third party application these domain names and need to protect the brand in china and Asia by yourself, please let the responsible officer contact us as soon as possible. Thank you!
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Answered in 1 minute by:
9/10/2010
Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 103,584
Experience: Licensed attorney in private practice.
Verified
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's legal experts. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



How long have you held this domain? Do you actually use it, or are just holding it? Is this ICANN that sent you the email?





Ask Your Own Intellectual Property Law Question
Customer reply replied 7 years ago

This is who sent me the email.

Angela Zhang

Registration Department Manager
3002, Nanhai Building 854.Nandan Road
Xuhui District, Shanghai
Office: +86(NNN) NNN-NNNNbr /> Fax: +86(NNN) NNN-NNNNbr /> web:
http://yg-networks.com
web:
http://www.yg-networks.com

Yes I am actively using my domain name as an online store that I have been actively marketing over the past several months. I have owned the domain name since September 2009.

Essentially, they are not challenging the domain name yet. And you should have nothing to worry about. As long as you had it first, and you're using it for real and not just waiting to sell it, it's not domain camping. If they try to take it over, you'll go to ICANN arbitration, and ICANN will rule in your favor. This is nothing to worry about, actually. At worst, some months later, ICANN will hold an arbitration and rule in your favor, and that'll be it. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Ask Your Own Intellectual Property Law Question
Customer reply replied 7 years ago

Is there more that I you would recommend I do?
Yes, send them back an email stating:"To Whom It May Concern:I am in receipt of your correspondence dated ____ in re:_____. I would like to explain that I have held this domain since ___ and have used it for business purposes, and not fraudulently. I will not give up the domain because under US IP laws and ICANN rules, I have first right to the domain due to my registration of the domain name and its fair use. I except no challenge to my domain name and consider this issue at an end."That should let them know not to put any sights on your domain.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 103,584
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