Legal issue. Can I select a domain or cancel registration?
One of the familiar offices faced the following situation, which I will describe below. All the names were kneaded, but I tried to bring the macrosimally closer to the essence of the problem.
So. There is a company called RussCompany, which has been operating since 2001 and owns the domain www.russcompany.ru , where the corporate website is located.
More recently (in my opinion, even less than a year ago), a company called “Russian company” appeared, which registered the domain www.ruscompany.ru , at their address, too, their corporate site.
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Both firms sell the same services, that is, their professional field of activity coincides.
The question is, can the first company somehow select (annul) the second domain?
If it was a question of a trademark, then there are no questions at all. A lawsuit is filed that bad uncles use a trademark similar to the degree of dismissal as a sign of the first company and that’s all. But does this work with domains? Are there any precedents?
Somehow the 4th part of the GC regulates this? (I did not find a clear answer)
Thanks in advance to everyone who responds.
UPD. Forgot to add. I basically tried to consult with some experts from RosPatent. They say that there are chances to select a domain through FAS, but you have to dig a question deeper with a lawyer who specializes in this. Friends also have their own lawyers, but they do not believe in success. But it seems to me that if you find a precedent, then you can unleash the case with a successful outcome.
UPD2. If you know any lawyer (company) that specializes in this issue, I will be grateful for the contacts.
So. There is a company called RussCompany, which has been operating since 2001 and owns the domain www.russcompany.ru , where the corporate website is located.
More recently (in my opinion, even less than a year ago), a company called “Russian company” appeared, which registered the domain www.ruscompany.ru , at their address, too, their corporate site.
')
Both firms sell the same services, that is, their professional field of activity coincides.
The question is, can the first company somehow select (annul) the second domain?
If it was a question of a trademark, then there are no questions at all. A lawsuit is filed that bad uncles use a trademark similar to the degree of dismissal as a sign of the first company and that’s all. But does this work with domains? Are there any precedents?
Somehow the 4th part of the GC regulates this? (I did not find a clear answer)
Thanks in advance to everyone who responds.
UPD. Forgot to add. I basically tried to consult with some experts from RosPatent. They say that there are chances to select a domain through FAS, but you have to dig a question deeper with a lawyer who specializes in this. Friends also have their own lawyers, but they do not believe in success. But it seems to me that if you find a precedent, then you can unleash the case with a successful outcome.
UPD2. If you know any lawyer (company) that specializes in this issue, I will be grateful for the contacts.
Source: https://habr.com/ru/post/24328/
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