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..?


Asked on 10/15/03, 10:34 am

2 Answers from Attorneys
William Wright

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.

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Answered on 10/16/03, 11:57 am
Daniel Press Chung & Press, P.C.

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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Answered on 10/15/03, 11:00 am


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