Legal Question in Intellectual Property in Florida
Rolex lawyer threats
I have an innactive domain name My-rolex.com registered at a cost to my name, the lawyers from rolex/usa wrote me and said that the cybersquatting laws of 1999 forbid the use of such name and that amicably i should resolve this by surrendering the innactive domain to them, or the would sue me.
Can they do that..?
2 Answers from Attorneys
Re: Rolex lawyer threats
Indeed they can. There is case law that holds the passive holding of a domain name that is confusingly similar with a senior user's trademark can constitute cybersquatting and/or trademark infringement.
Re: Rolex lawyer threats
Yes, they can sue to have the domain name transferred to them or cancelled, or they can commence an arbitration proceeding to the same effect. There are potential defenses, sometimes, but it can be expensive to litigate these. If the domain name is inactive, it probably makes sense just to transfer it to them. They may even be willing to reimburse your registration fees (can't hurt to ask). If you demand "ransom" for it (over and above your costs), that can actually be evidence of cybersquatting, so be careful.
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