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Originally Posted by Expo_Vids
I was all ready to buy a domain and then a day before I was going to finish the deal I noticed that someone had just registered a trademark that was very similar. The trade mark is in the USA.
Lets say the trademarked domain is "digitalinformation.com" and the domain I was going to buy is "digitalinfo.com". (this is very close to the actual domain)
Their trademark covers the exact type of site I would be developing.
Now what if I formed an EU company and go my domain trademarked in the EU? I would not be physically doing any business in the USA. I would just have an online information/resource/review site.
Would there be any risk of the company with the USA trademark being abe to take my domain away?
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Yes, the domain is at risk.
The problem is they were first with their trademark. "First use" is an important principle in intellectual property law, both with trademarks and patents.
Even though you are in Europe, it's possible they could file a UDRP against you. When you register a .COM domain domain you automatically consent to its jurisdiction.
They will argue you are preying on their registered trademark.
This is not legal advice and I am not an attorney.