Domain copyright registration

Discussion in 'Legal Issues' started by balkanboy, Dec 22, 2006.

  1. #1
    I am not sure about one thing:
    I saw overture has 27000 searches per month for one doman name. For example "I am bored games"
    .com domain is established and I believe people search for it rather than typing url directly. I want to register another extension and get some search terms love.
    Domain name is not trademark and "Iamboredgames.com"(just example not that one) is same as freegames.com so I can register other extension with no copyright problems.
    I am right or not?
     
    balkanboy, Dec 22, 2006 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Yes and no. :)

    First, a trademark arises from usage, not registration. Although a registered
    trademark gives numerous benefits not normally bestowed to those who don't,
    one can still possibly demonstrate "common law" trademark rights based on all
    and any applicable laws of where s/he's doing business in.

    Just a brief unofficial but more or less accurate description of such:

    http://www.bitlaw.com/trademark/common.html

    Read the further portions of that link to give you more ideas how it works.

    So while the registrant of the domain name in question doesn't appear to have
    any registered trademark, it's possible s/he's in the process of establishing one
    and will eventually file for such at USPTO. It's also possible s/he has filed for
    one at another trademark office in their state office.

    If the registrant is not US-based, it's also possible s/he's filed for one in their
    country's trademark office, if any. The USPTO isn't the only trademark office
    in the entire world, you know.

    Bottom line is this: if someone is able to demonstrate trademark rights based,
    again, on what their laws allow, and you register a domain name bearing that
    term and use it in such a way that it possibly infringes their trademark rights
    (if any), then you can expect trouble.

    Do your homework, then assess your risks.
     
    Dave Zan, Dec 22, 2006 IP