Hi, i have a question say a site is named chubacca.com and is a flicker type of site. And you come around and make a site named adultchubacca.com and it is a myspace type of site is this legal or actionnable? Must i trademark adultchubacca?
The professional legal answer to your question is that "it depends." If you have a trademark and someone takes that trademark and uses it in a domain name you likely at least have a case to get it back. There are a couple questions that are critical. First, did this use happen after you obtained the trademark? Second, is the use commercial, meaning are they making money? If they did this in bad faith you could get it back, but getting it back might cost you $1,500. Here is a link where you can get some more information: http://www.wipo.int/amc/en/domains/ Good luck. -Gene Patent Attorney & Founder of IPWatchdog.com Intellectual Property Law