- The prior owner certainly have a right of precedence over the domain name as his website is live though there is offline use of domain name.
- You will be liable to pay him compensation and the profits earned by use of his domain name, you will also be liable for infringement of his copyrights in criminal liability which will be imprisonment up to 3 years but not less than 6 months and penalty up to 2L but not less than 50K.
- Though the domain name is not in use, it is still alive on website. Had there website was not alive, you could have registered the domain name as no one is allowed to sit on domain name that is called “harvesting of copyright.”
- Copyright being already registered, he can take objection for grant of copyright to you even it is granted.
Copyrights of a startup
Dear Sirs We have a start up and we are a private limited company incorporated in 2022. After few initial work and development we have purchased a domain for our start up brand. Our company name and start up name is different. I have already applied for Copyrights for this name and it is in process. There has been no objection for the same so far. However We have recently got to know that another person ran a similar company few years ago and with a same brand name and purchased a domain with a .com while ours is. .in He ran the company for a few months and decided to shut it down as he was unable to manage it but his website is still active. Considering that the copyrights are issued to us, 1) what are the chances that the other person can claim the rights as he had the intent before us in the same line of business. 2) And to what extent are we liable? 3) Also what measures can we take in order to protect ourselves from such firms who can file copyright violations without actually running the business. 4) If we get copyrights then do we have the rights to stop the other person from restarting his business by the same name even though he purchased the domain name before us? Thanking you in anticipation
Asked 1 year ago in Intellectual Property
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6 Answers
Dear client, I am sorry to hear that but since the patent is issued to you nobody can use it until the time limit expires. Moreover over if someone use it they will be liable to pay compensation to you.
Any person using domain name registered as valid and subsisting trademark in unauthorised manner can be held liable for infringement of trademark if he uses similar domain name
2) un registered domain name can get benefit of passing off under the trademark act
3) you cannot stop the other person from restarting the business in same name
1. If the earlier party is taking legal action against you for infringing the copyrights, you may have to challenge the same on merits in your side.
2. It depends on how strongly you defend your interests.
3. You cannot claim any exemptions to not to prosecute your firm for violating their copyrights.
You may have to defend strongly on the support of documentary evidences in your favor.
Without the opposite party taking any action in this regard you should not indulge into the act of provoking him in the name of taking precautionary or preventive measures.
4. If your copyrights are infringed or violated by a third party you can institute a suit for injunction to restrain them.
If they have copyrights before you then they can readily take action on you. You need to protect your self only by not infringing their rights
1. chances one would never know. if someone wants to act smart and extract some quick buck, then he can do whatever it takes to get at that.
2. the copyright application is still under process. If the earlier domain name comes to the notice of the copyright registrar then he may issue requisitions. also upon you having learnt about a prior copyright you can also apply for a rectification of your copyright so that it does not conflict with the earlier one and so that the chances of any possible dispute are minimised
3. as above
4. i doubt. since he may have suspended the business activities for a temporary period without giving up or relinquishing his right over the copyright
