Can an internet domain be registered if it has the same name of a famous trademark?
Surely it is not advisable to register as an Internet domain the trademark of another firm, even more so if it is a very famous one. Whilst before it was thought possible to register any name for an Internet site, there have been many actions ending victoriously for the owner of trademarks against those registering their names as domains.
Normally, the infringement of the mark always happens when the products of the site are identical to the one of the mark. In the case of a famous mark, though, this rule does not apply, so it extends its protection even in different fields from the ones normally used for. There is a very high risk of a lawsuit for infringement in the case of using the mark for a domain, even if some words are added before or after. Regarding, instead, the possibility of preparing a page where, for example, dealers FIAT are indicated, this is deemed legit.
Recently there has been a similar case related to a mechanic who has been subpoena for infringement of the mark of the firm “X”, for the fact that he wrote of being specialised in repairing vehicles of the brand “X”; the judges claimed that this could not be counterfeiting of a mark as he was only describing a fact. Therefore, if a list of dealers is made and they are really so, there should be no problem.