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What happens if I created domain name, then year later someone files LLC?

Discussion in 'Legal Issues' started by dscurlock, Oct 20, 2014.

  1. #1
    I registered a domain name about a year ago abccompany.com now it looks like a year later someone has filed a business lic Abc Company, then went the extra mile to form LLC using ABC Company, not sure why they would go to the expense since I have abccompany.com - surely they had common sense to check domains before filing for a business lic, and setting up the LLC....I think it is a fine damn name for a business, and the reason i never moved forward was because I felt it would be a whole lot of work to finance and get going, but I guess someone always has more money then I do...

    ideas?
     
    dscurlock, Oct 20, 2014 IP
  2. dscurlock

    dscurlock Prominent Member

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    #2
    from what I understand, you can not trademark a domain.
    I guess if did come to a trade mark challenge, then it would be
    be clear that it was my idea first; I guess, in the end, it depends
    on worth, and who has the most money...I surely would not go to
    the expense of setting up a business profile if the domain name
    that would clearly go with it was already taken...since I created
    the name first, even though it is in the format of a domain, it will
    be impossible for them to say they created the idea, name before i did...
     
    dscurlock, Oct 21, 2014 IP
  3. browntwn

    browntwn Illustrious Member

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    #3
    Two people can both legally use the same name, so long as they don't infringe on the others use. So you may own a domain name, which is yours to keep and use. This other company formed a business using that same name. There is no conflict yet. You both might have totally different intended uses for it. But, if the company goes into some specific business, then you would not be able to use your domain to go into that same business causing confusion. Likewise, if you were to actually start something using the domain name first, they would be prohibited from causing confusion in the marketplace by going into the same business as you with the same name.

    It is the business that each of you decide to use with the name that is important, not the name itself. There are many companies that operate using the same name, without much conflict, because they are in separate industries.
     
    browntwn, Oct 21, 2014 IP
    PhiladelphiaIM and dscurlock like this.
  4. dscurlock

    dscurlock Prominent Member

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    #4
    brown,

    fair enough.

    Thanks

     
    dscurlock, Oct 22, 2014 IP
  5. jrbiz

    jrbiz Acclaimed Member

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    #5
    Note also that a business can incorporate in any state in the U.S. as an LLC or an Inc. And they can use the same company name as another business that has incorporated in a different state. You cannot have the same name in the same state, of course. So, if you are concerned about potential trademark or copyright issues in the future, you can surely incorporate the company name in your own or a nearby state. If you use a service like legalzoom, it does not actually cost that much to do. With that incorporation and a website published long before either your or the other company incorporated, I think that you will win the argument (unless their pockets are very deep and they an beat you by attrition.)
     
    jrbiz, Oct 24, 2014 IP
  6. kpmedia

    kpmedia Member

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    #6
    "surely they had common sense to check domains before filing for a business lic"

    ^ Then you'd be surprised. I've seen this happen since the 90s. Somebody creates a business, and is oblivious to the branding of that name. Not just for online use, but anything. You see them either (A) fail, or (B) rebrand in a year or two -- this time doing research first!
     
    kpmedia, Nov 4, 2014 IP
  7. bae

    bae Well-Known Member

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    #7
    A couple years ago I actually had a major company issue press releases announcing their new website, which was a domain I owned. It's a generic term that had been registered for years before that. They had no trademark on the term they used for the website. Shortly after that, they issued new releases with their new website name. They never contacted me about purchasing the domain.
     
    bae, Dec 6, 2014 IP
  8. xenoo

    xenoo Active Member

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    #8
    You should be fine as long as what you are doing doesn't infringe any of there stuff.
     
    xenoo, Dec 6, 2014 IP
  9. IG2010

    IG2010 Well-Known Member

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    #9
    Exactly, more informations can be found here
    http://www.bitlaw.com/internet/domain.html

    back a couple of years ago I had a domain name that used by a company, it was not trademarked however they wanted to sue me for using it, after taking legal advice I have been told that if my business was nothing to do with theirs, nothing could be done
     
    IG2010, Dec 6, 2014 IP
  10. consul

    consul Active Member

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    #10
    To the OP,
    I have a question: Did you really intend to use your registered domain name for an online business or did you register it because the name seemed important? Now, do you have an already established business associated with that domain name? What is the nature of that business? Is it a licensed business (with business permit and other credentials)? Does your business using the domain name have the same nature as the nature of the other? If so, does your business came first in terms of its licensed status compared with the other? Have you established a solid brand for your business already (proofs maybe in terms of online/offline publications, marketing materials, etc.)?

    There are various things to consider later in a domain dispute. In summary however, if your domain name is not yet tied to a business, then it may be in danger if the other goes after it since you have not displayed any "business" interest with it. Another positive development is that the other business may opt to give you an offer for your domain name that maybe worth something.

    It is in my opinion that if domain is tied with an online business not related to the other business you are fine. If it is of the same nature and they have their trademark, then that is where the race is. You need to prove that you have the legally existing business first before they even have theirs. If you cannot do so, then that's a problem, a probable problem. If I were on your end and I do not have a solid business tied with my domain name, I would hold on to it for as long as I can and wait if they make an offer. I would not make the first move to sell the domain name to them because it will be construed as malicious intent on my part. The worst scenario is a domain dispute. Most of the time the dispute is settled with a compromise. In this case offer your domain with an amount that is enough for you to live with.

    That's my 2 cents. :)

    God bless.
     
    consul, Dec 7, 2014 IP
    Rado_ch and jrbiz like this.
  11. Equatorial

    Equatorial Active Member

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    #11
    @dscurlock, you might want to read up on a case in the U.K between one Andy Hugh and Paramount Pictures Corporation. Hugh held the domain Paramount.co.uk for several years. After hearing of a proposed development of a Paramount theme park in England, Hugh offered the domain to Paramount for £120,000. Paramount filed a lawsuit and the High Court awarded ownership of the domain to the studio after finding the owner guilty of abusive registration.

    Not implying that you have anything to be concerned with, but nothing is cast in stone here.
     
    Equatorial, Dec 17, 2014 IP
  12. bae

    bae Well-Known Member

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    #12
    In this case it sounds like Paramount Pictures existed long before Andy Hugh registered the domain. Then he went and offered it to them. If he had been smart, he would have put up a site or done something with the domain unrelated to Paramount Pictures. Paramount is a dictionary word after all. He probably wouldn't have lost the domain and Paramount may have made him an offer for it.

     
    bae, Dec 17, 2014 IP
  13. CYCchips

    CYCchips Active Member

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    #13
    i would suggest make a background check about them and contact them and make a deal and sale your abccomany domain to them for $$$$$$$$$$$ that make you rich....if you don't have enough money to compete them :cool: thats what i would do :eek:
     
    CYCchips, Dec 17, 2014 IP
  14. Rado_ch

    Rado_ch Well-Known Member

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    #14
    You might want to read the few replies above before you mislead more people following your questionable ways ;)
     
    Rado_ch, Dec 18, 2014 IP
  15. CYCchips

    CYCchips Active Member

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    #15
    Sorry i did not read all replies ,this idea just came to me when i see the problem he just post when starting this thread sorry if this idea mislead i can not delete it now no option.. i don't want to mislead ,,thats just what i do if i got a problem like that sorry for inconvenience thanks :(;););););)
     
    CYCchips, Dec 19, 2014 IP
  16. CYCchips

    CYCchips Active Member

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    #16
    sorry for this reply if any one mislead i just suggest what i would do,,,
     
    CYCchips, Dec 19, 2014 IP
  17. adublin

    adublin Well-Known Member

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    #17
    It doesn't matter if you've had the domain name before they trademarked it. You will lose in court unless you have a really compelling reason and even then you're still fighting an uphill battle. Big companies have the will and the means to crush you so stay away from those issues. I've had many opportunities to buy "trademarked" names but have heard more legal horror stories about infringement. My advise - trademark yours right away or give it up.
     
    adublin, Dec 20, 2014 IP