Q: whats the best way to go about the situation I typed under “ More Information”?
I registered to get my trademark in early 2017. Some guy in China bought 5thlamnt.com in mid 2018. When you type in 5thlamnt.com it links you to a Chinese porn site. I’m sure you see the major problem with this now. What’s The best plan of action to get my domain back and/or can we claim copy right infringement since the domain was bought after the trademark was settled?
A: Assuming you have an issued trademark that arguably causes confusion with the domain you identify, you would have two options: (1) file a UDRP complaint with ICANN or another adjudicating body, or (2) file a lawsuit against the domain owner for trademark infringement, or if you don't know / can't find the domain owner, file suit against the registrar in an in rem action. This isn't something most people can do DIY, and I recommend you get some professional legal help to enforce your rights. If you don't have a registered trademark, enforcement of a common law trademark rights will be more difficult. Good luck!
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