Can you steal a website?

Discussion in 'Legal Issues' started by mooseweb, Sep 21, 2008.

  1. #1
    If someone trademarks a name, after you have purchase a domain name, can you steal the website if you pursue via attorneys or the courts?

    Always wondered about this...
     
    mooseweb, Sep 21, 2008 IP
  2. MelogKnaj

    MelogKnaj Guest

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    #2
    If the person owned the domain before the trademark was created the answer is no.
     
    MelogKnaj, Sep 21, 2008 IP
  3. DeenaEsq

    DeenaEsq Peon

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    #3
    The only exception might be a mark that is "famous" and distinctive but that hadn't filed a trademark application with the USPTO (though I can't think of any). If you were to register the domain name prior to their registration, they could bring an action against you and win for violating their common law (unregistered) trademark rights.

    Let me know if you have other questions.

    Deena
    ______________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Sep 22, 2008 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    You will never have the rights to someone else's website. You may be able to stop them from using it.
     
    browntwn, Sep 22, 2008 IP
  5. PeachyDandy

    PeachyDandy Peon

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    #5
    You can not steal a trademark. That is illegal and why would you want to? Try going the original route, its the best way and the legal way.
     
    PeachyDandy, Sep 24, 2008 IP
  6. mooseweb

    mooseweb Banned

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    #6
    I was asking a question, not stating i was planning on doing that -.-'
     
    mooseweb, Sep 25, 2008 IP
  7. dunnsearch

    dunnsearch Peon

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    #7
    lol, nice one :)
     
    dunnsearch, Sep 29, 2008 IP