On Jan 3, 2008 12:48 PM, Thomas Barregren <thomas@webbredaktoren.se> wrote:

Sean Newman skrev:
> Yes Victor, It doesn't matter if its a .org .com or some country code
> TLD as in this case. Once there is trademark infringement and 'bad
> faith' use then its cybersquatting. And no it may not be 'illegal' but
> ICANN and country code registrars have dispute policies set up for
> exactly this case when someone tries to hijack a TM name and sell it
> for huge profits. All Dries or the DA has to do is contact the .se
> registry (I think that that is http://iis.se), and find out about
> their dispute resolution policy.

Yes, the Internet Infrastructure Foundation is responsible for the
top-level Swedish Internets domain, .se <http://www.iis.se/lang/?id=en>.

Disputes about a .se domain can be handled by the their Alternative
Dispute Resolution proceedings <http://www.iis.se/domains/aboutATF>.

> It might cost about 1,500 or 2,000 (not sure) to file a complaint, but
> the squatter would stand no chance.

The cost is approximately $1,250 USD or $2,500 USD, excluding VAT,
depending on whether there is one or tree arbitrators, respectively.
(See http://www.iis.se/domains/aboutATF/atfcost.)

> Once he tried to sell it for thousands, it is clear 'bad faith', not
> to mention TM infringement. And yes he can be sued for misuse and TM
> infringement by Dries if Dries so chooses. It really is incredibly
> naive and frankly quite stupid to register a TM domain and then try
> to sell it back for profits. Imagine if he registered pepsi.se
> <http://pepsi.se> or microsoft.se <http://microsoft.se > and then tried
> to sell it for thousands of dollars. He'd get a lawsuit faster than he
> could say the word 'lawsuit'.

I agree. IANAL, but I am certain that Dries, as the rightful owner of
the brand, if not registered in Sweden at least by prescription, will
win a such Alternative Dispute Resolution proceedings.

/ Thomas