Can I use a domain if the name (not the domain) exists but it's not a trademark?

Discussion in 'Legal Issues' started by cancuncss, Dec 29, 2008.

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  1. #1
    Can I use a domain if the name (not the domain) already exists but it's not a trademark?

    For example, if there is an established and popular website called "The Best Portal" (ONLY AN EXAMPLE) but they don't have their own domain, their site is hosted on a free server. Can I purchase the domain thebestportal.com if it is available and not have any problems with them?

    *Again, that's only an EXAMPLE, I have no idea if that site really exists.
     
    cancuncss, Dec 29, 2008 IP
  2. UNBREAKABLE

    UNBREAKABLE Peon

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    #2
    I would say yes, but I am not sure.
     
    UNBREAKABLE, Dec 29, 2008 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    It is going to depend on the exact term, not an example. If it is a term able to be trademarked, then the other parties first usage in commerce gives them automatic common law trademark rights for that usage - they don't need to do a registration to have trademark rights. It doesn't matter if they have a domain.
     
    mjewel, Dec 30, 2008 IP