Ask the Council - Illegal use of the domain - Is it?
A friend of mine addressed me with this question:
I registered the domain rockfon.su and started filling it with information about the acoustic panels produced by Rockfon (I am a sub-dealer of this company) as soon as the site reached the top of the company rockfon wanted to take away the domain. What should I do? Are their requirements legal? rockfon.su - I use for informing and not for direct sales.
I am not an expert in this industry, asking for help from the community.
Below is a letter from rockfon and my friend's reply to this letter.
letter from rockfon
answer
Daria, hello!
')
Daria, I want to draw your attention to the fact that it would be more logical to write in the subject line of the letter not to the “Head of the organization” but to the “Domain Administrator”. But this is not so fundamentally important))) Let us turn to more serious matters ... In the attachment you will find a letter for the representative of Rockwool International A / S Bruno Louis-Marie Lafon.
Bruno Louis-Marie Lafon
October 28, 2010
Dear Bruno Louis-Marie Lafon, there are such concepts as fair and unfair use of the domain name and site.
Let me explain why I believe that the domain name and website located at rockfon.su are used in good faith:
The domain name rockfon.su was registered by me on May 26, 2010 with the aim of conveying information about the products of rockfon to Russian-speaking consumers of rockfon products, namely: names of ceiling tiles, their technical characteristics, types of edges, etc.
At the time of my registration of this domain name (rockfon.su), there was no information available in Russian about the Rockfon company's products on the Internet. The official website of the company rockfon.ru at that time did not exist and began its work on June 1, 2010, i.e. already after I registered and started using the domain rockfon.su, so I started using the domain before I received the notification of the dispute.
By registering the domain name rockfon.su I did not pursue the goal of selling this domain name to the trademark owner or to a third party.
The only and main goal for which I planned to use the domain rockfon.su and the website located at the same Internet address is to popularize acoustic ceilings and wall panels produced by Rockfon, and not any other acoustic finishing materials, this is providing information and promotion of rockfon products in Russia.
I want to note that I understood the degree of responsibility when registering this domain name. I did not plan and did not post any links to third-party resources, including sites devoted to similar products from other well-known manufacturers of acoustic finishing materials. By using a domain name registered by me, I do not in any way damage the image of the company Rockfon, nor do I damage the business reputation of the trademark owner in the form of placing pornography, etc.
My position is to act within the law! Therefore, I ask you to pay attention to the fact that after a telephone conversation and a personal meeting with Sergey Kuritsin, I stopped filling the site located at rockfon.su and deleted the information that already existed at that time. I am not trying to violate the copyright or property rights of Rockfon, therefore I propose to make an exception, and give me special written permission to use only technical data relating to acoustic ceiling and wall panels.
The application of Article 1484 of the Civil Code of the Russian Federation would be appropriate if I produced acoustic finishing materials, say in China ... and put labels on the packaging, for example, “Rockfon-K”, advertised on the website Chinese “Rockfon-K ". This is a violation of trademark exclusive rights!
In this situation, rockfon.su is an information resource, and to warn visitors of this resource about this fact, all pages of the site indicate that: “This site is an information resource about Rockfon’s products and is not an official Rockfon site. A / S, part of the Rockwool Group of Companies. This resource is not officially related to Rockfon A / S. In Russia, the company is represented by Rockfon Russia - ZAO Mineralnaya Vata, the official website of which is located on the Internet at www.rockfon.ru . ” At the same time, on all pages of the site there is a direct link to the manufacturer’s official website so that the visitor of my information resource has the opportunity at any time to go to the official website of the manufacturer of products under the “Rockfon” trademark.
I would also like to note that, in accordance with paragraph 5 of paragraph 2 of Article 1484 of the Civil Code of the Russian Federation, Mineralnaya Vata CJSC exercised its exclusive right to the Rockfon trademark, registering the domain name ROCKFON.RU and posting the official site.
In paragraph 3 of Art. 1515 of the Civil Code of the Russian Federation, there is not a single word about actions on re-registration of domain names in favor of anyone!
In connection with the above, in order to avoid my violation of the current legislation in the future, I propose to discuss the terms of my use of the site located at rockfon.su
PS: type in any search engine the word "rockfon", go to the first available search results site, except for official ones, and you will see many rights violations, including the use of the registered Rockfon trademark in the form of a blue logo, the use of documents for downloading in the format pdf with technical characteristics of plates, etc.
I registered the domain rockfon.su and started filling it with information about the acoustic panels produced by Rockfon (I am a sub-dealer of this company) as soon as the site reached the top of the company rockfon wanted to take away the domain. What should I do? Are their requirements legal? rockfon.su - I use for informing and not for direct sales.
I am not an expert in this industry, asking for help from the community.
Below is a letter from rockfon and my friend's reply to this letter.
letter from rockfon
answer
Daria, hello!
')
Daria, I want to draw your attention to the fact that it would be more logical to write in the subject line of the letter not to the “Head of the organization” but to the “Domain Administrator”. But this is not so fundamentally important))) Let us turn to more serious matters ... In the attachment you will find a letter for the representative of Rockwool International A / S Bruno Louis-Marie Lafon.
Bruno Louis-Marie Lafon
October 28, 2010
Dear Bruno Louis-Marie Lafon, there are such concepts as fair and unfair use of the domain name and site.
Let me explain why I believe that the domain name and website located at rockfon.su are used in good faith:
The domain name rockfon.su was registered by me on May 26, 2010 with the aim of conveying information about the products of rockfon to Russian-speaking consumers of rockfon products, namely: names of ceiling tiles, their technical characteristics, types of edges, etc.
At the time of my registration of this domain name (rockfon.su), there was no information available in Russian about the Rockfon company's products on the Internet. The official website of the company rockfon.ru at that time did not exist and began its work on June 1, 2010, i.e. already after I registered and started using the domain rockfon.su, so I started using the domain before I received the notification of the dispute.
By registering the domain name rockfon.su I did not pursue the goal of selling this domain name to the trademark owner or to a third party.
The only and main goal for which I planned to use the domain rockfon.su and the website located at the same Internet address is to popularize acoustic ceilings and wall panels produced by Rockfon, and not any other acoustic finishing materials, this is providing information and promotion of rockfon products in Russia.
I want to note that I understood the degree of responsibility when registering this domain name. I did not plan and did not post any links to third-party resources, including sites devoted to similar products from other well-known manufacturers of acoustic finishing materials. By using a domain name registered by me, I do not in any way damage the image of the company Rockfon, nor do I damage the business reputation of the trademark owner in the form of placing pornography, etc.
My position is to act within the law! Therefore, I ask you to pay attention to the fact that after a telephone conversation and a personal meeting with Sergey Kuritsin, I stopped filling the site located at rockfon.su and deleted the information that already existed at that time. I am not trying to violate the copyright or property rights of Rockfon, therefore I propose to make an exception, and give me special written permission to use only technical data relating to acoustic ceiling and wall panels.
The application of Article 1484 of the Civil Code of the Russian Federation would be appropriate if I produced acoustic finishing materials, say in China ... and put labels on the packaging, for example, “Rockfon-K”, advertised on the website Chinese “Rockfon-K ". This is a violation of trademark exclusive rights!
In this situation, rockfon.su is an information resource, and to warn visitors of this resource about this fact, all pages of the site indicate that: “This site is an information resource about Rockfon’s products and is not an official Rockfon site. A / S, part of the Rockwool Group of Companies. This resource is not officially related to Rockfon A / S. In Russia, the company is represented by Rockfon Russia - ZAO Mineralnaya Vata, the official website of which is located on the Internet at www.rockfon.ru . ” At the same time, on all pages of the site there is a direct link to the manufacturer’s official website so that the visitor of my information resource has the opportunity at any time to go to the official website of the manufacturer of products under the “Rockfon” trademark.
I would also like to note that, in accordance with paragraph 5 of paragraph 2 of Article 1484 of the Civil Code of the Russian Federation, Mineralnaya Vata CJSC exercised its exclusive right to the Rockfon trademark, registering the domain name ROCKFON.RU and posting the official site.
In paragraph 3 of Art. 1515 of the Civil Code of the Russian Federation, there is not a single word about actions on re-registration of domain names in favor of anyone!
In connection with the above, in order to avoid my violation of the current legislation in the future, I propose to discuss the terms of my use of the site located at rockfon.su
PS: type in any search engine the word "rockfon", go to the first available search results site, except for official ones, and you will see many rights violations, including the use of the registered Rockfon trademark in the form of a blue logo, the use of documents for downloading in the format pdf with technical characteristics of plates, etc.
Source: https://habr.com/ru/post/107436/
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