How can we protect a domain name and trademark internationally?

How do  I protect my .org domain name without a trademark?

• I have a .Org domain name with a site for the past 6 years, the owner of the .Com recently sent a letter stating that they want the domain name transferred to them since they have a servicemark in India ( I live in the U.S and the .com owner is based in India) I started my website before they were online, I know this for a fact since I tried to buy the .Com before the current owners purchased it and started their site.  The domain name is generic in one of the Indian languages. Something like ' Boats' or  ' Loans'.

• Answer:

  It is impossible to fully answer your question without knowing all of the details and without seeing the letter from that Indian firm. However, if everything you say is true, you are probably within your rights to use your .org domain name. This is why: A domain is deemed registered with violation of the ICANN rules and under the UDRP policy is subject to transfer to the trademark owner if ALL of the following conditions are proven:(i) A domain name is identical or confusingly similar to a trademark/service mark to which the complainant has rights; (ii) Domain name registrant does not have any rights or legitimate interests in the domain name; and (iii) Registrant registered the domain name and is using it in “bad faith”In your case, if your domain is truly generic (which seems somewhat questionable, since service mark registrations do not typically issue for generic terms), then the first element above will be undermined.Second, if you registered your domain to pursue legitimate needs, as opposed to being a cybersquater or a person who wants to take a free ride someone’s trademark’s fame, then the second element will likely be disproven as well.Third, if you had no prior knowledge of that Indian service mark and if you have used your domain for 6 years in good faith (without intent to infringe or otherwise violate the law), then the third element above will be undermined we well.Of course, if you refuse to transfer the domain voluntarily, the Indian company may file a URPD complaint or a law suit. If that were to happen, you should have a good case fighting back, assuming everything you said is true. Hopefully, it does not come to a UDRP complaint or law suit, however.I hope this helps.Sergiy M. Sivochek, PhD, LL.Mhttp://www.sivochek.comNOTHING ABOVE SHOULD BE CONSTRUED AS LEGAL ADVICE OR A SUBSTITUTE FOR LEGAL ADVICE. THIS INFORMATION IS FOR GENERAL EDUCATION PURPOSES ONLY. I AM NOT YOUR ATTORNEY.