Post by sumiseo558899 on Nov 9, 2024 23:42:30 GMT -5
The gist:
The plaintiff (the trademark owner) filed a claim with the court against two defendants: an individual entrepreneur (the developer) and an LLC (the customer of the website development). The trademark owner demanded that the customer of the website development stop using someone else's trademark, the domain name containing the trademark, compensation in the amount of 700,000 rubles and payment of legal costs - 92,700 rubles.
As a result, the court ordered the developer to cancel the domain name (the domain belonged to the developer, which was revealed during the trial), collected from the customer of the website development - 500,000 rubles in compensation and 78,700 rubles in expenses. The court refused the rest.
And why all this?
The fact is that the developer agreed to make a website for the customer, registered the domain in his name and placed the customer's website on this domain. As a result, it turned out that the domain coincided with the trademark of another organization, which had no relationship with the customer of the website
The developer made 3 terrible mistakes:
did not check the information about the customer's activities:
many services on the Internet now allow content writing service
you to check the information about the customer, in the described case the developer did not even foresee the possible consequences. Relying on the competence of the contractor is too presumptuous if he does not position himself as an expert in his industry.
registered the domain in his own name, not in the name of the customer:
This is most likely a marketing ploy that will allow him to receive a constant profit for providing the domain for use, or another reason unknown to us.
did not include a limitation of liability clause in the contract. This can be spelled out in the contract as follows:
To undertake, where necessary, all possible efforts to assist the Contractor in settling any claims and/or lawsuits brought against the Contractor regarding the violation of the rights of third parties and/or current legislation in connection with and/or as a result of posting information about the activities and/or goods of the Customer on the Internet.
Compensate, at the request of the Contractor, for all damages caused to the Contractor in connection with claims and lawsuits for violation of current legislation as a result of posting information about the activities and (or) goods of the Customer on the Internet.
The plaintiff (the trademark owner) filed a claim with the court against two defendants: an individual entrepreneur (the developer) and an LLC (the customer of the website development). The trademark owner demanded that the customer of the website development stop using someone else's trademark, the domain name containing the trademark, compensation in the amount of 700,000 rubles and payment of legal costs - 92,700 rubles.
As a result, the court ordered the developer to cancel the domain name (the domain belonged to the developer, which was revealed during the trial), collected from the customer of the website development - 500,000 rubles in compensation and 78,700 rubles in expenses. The court refused the rest.
And why all this?
The fact is that the developer agreed to make a website for the customer, registered the domain in his name and placed the customer's website on this domain. As a result, it turned out that the domain coincided with the trademark of another organization, which had no relationship with the customer of the website
The developer made 3 terrible mistakes:
did not check the information about the customer's activities:
many services on the Internet now allow content writing service
you to check the information about the customer, in the described case the developer did not even foresee the possible consequences. Relying on the competence of the contractor is too presumptuous if he does not position himself as an expert in his industry.
registered the domain in his own name, not in the name of the customer:
This is most likely a marketing ploy that will allow him to receive a constant profit for providing the domain for use, or another reason unknown to us.
did not include a limitation of liability clause in the contract. This can be spelled out in the contract as follows:
To undertake, where necessary, all possible efforts to assist the Contractor in settling any claims and/or lawsuits brought against the Contractor regarding the violation of the rights of third parties and/or current legislation in connection with and/or as a result of posting information about the activities and/or goods of the Customer on the Internet.
Compensate, at the request of the Contractor, for all damages caused to the Contractor in connection with claims and lawsuits for violation of current legislation as a result of posting information about the activities and (or) goods of the Customer on the Internet.