Hi I have a good domain name. But that I just got it myself on an idea but found that there is similar domain name already having a registered trademark in the market. But most important point is that: my site name is iDomainName.com (for example ONLY!), the one I came to know who got a registerred TradeMark TM and R marks are for the domain name: DomainName.com Now my question is am i anyway coming across their TradeMarks ? I own iDomainName.com(example ONLY) and they own DomainName.com(example) so ONLY thing is just an alphabet 'i' differentiating us. What do you about such a domain name? Should I drop it off or should continue using it? Any problems later on? Because I know that somebody using domain names containing a popular company had to surrender their names to the company holding rights. So what do you think in my case, just a letter 'i' separating the domain names? Appreciate if you can quickly answer so that I can decide to drop it off or not. Thanks -Srini www.SEOFastGuide.com
Adding an "i" does not get around trademark infringement. Adding other words does not get around trademark infringement. An extreme example is Perfumebay.com which lost their domain to ebay for trademark infringement after spending over $600,000 in legal fees. If the sites are similar in nature (deal with the same or similar topic) you are almost certainly guilty of trademark infringement. If the other mark is famous or a coined term (microsoft vs imicrosoft or igoogle) then it is also trademark infringement. Whether or not the other party will take legal action is up to them. Since they have a registered mark, they can sue you and ask for all the revenue you site has ever generated, damages, and treble their legal fees (legal fees alone could easily be six figures). I don't see the point in asking what other people would do... There is always some idiot who will say to "do nothing". It's always easy to give bad advice when their money isn't at risk. What you should really do is spend a little money and get the opinion of an IP attorney who can give you advice specific to your actual domain name.
Yea your right it still would be a violation and everyone that gives bad advice give it because they are not in that situation.
Thanks for your information. Definitely helpful and I think better drop the domain name. Now another question: I have a site name like: DomainsName.com Later I found that DomainName.com is already existing and I'm just using a plural of it. I wouldn't like to give up this anyway as not that it's simply hot but i got it through my own innovative ideas. But unfortunately both the domains are in the same field. So, do you think the same situation as before ? But whatever you know the internet is very confusing sometimes for domain name registrants for no thoughts on any kind of cybersquatting and just landing up in troubles sometimes for the domain names they register. However I think since TM is a locally issued name so it shouldn't bother the other person. I'm not a legal expert and wish someone like you perhaps for legal opinion. Thanks -Srini
In the US, common law trademarks can be established by first usage. That means if you have a name that is able to trademarked, and you are the first to use it in commerce, you have trademark rights without any filing. Names that are generic and descriptive cannot usually be a trademark. If you had computermonitors.net, and the site sold computer monitors, it would not be infringement to if someone used computermonitors.com to also sell computers. Now if you owned Apple.com and used it to sell computers, it would be able to be trademarked. If you used it to talk about different types of fruit, it wouldn't be able to be trademarked. If this other site was using the name before you, and it is eligible for a trademark, then they have first usage rights and your site would be infringing on theirs and they could take it with a WIPO, or sue you. The "S" doesn't make a difference. Even a similar name or misspelling could be trademark infringement. You should spend time reading about domain trademarks - it is impossible to give a good answer without knowing the actual name and doing research on it.
Thanks for your quick reply. So these legal aspects OK and good to know for anybody on this planet looking for website registration, think better go through your suggestions first which would be highly helpful. Yes i understand what you said but then again TM is something local so what if I TM my domain name for TM. What about any international TMs do they apply in that case? Because you know lawyers ready to find a solution even in domain disputes have some strong reasons to defend in such cases for variety of reasons. So what if I apply for a TM now and sure of getting a TM. At the same time the other domain name without a 's' has also got a TM but from a different country (say US) and mine from another country(say XYZ), so how and what will be the probable future outcomes? Thanks -Srini
International trademarks are honored by other countries with the Madrid Protocol. ICANN is a US company that follows US law. Unless you can argue your site gets no US traffic and is only a local mark, with local visitors, you had better make sure you don't violate a US trademark. That is what a trademark search does for you. It costs a few hundred dollars and up, but is something you should do if you are serious about keeping out of trouble. Start by using google to see if you can find the name you want to use already being used by someone else for a similar usage. If it is, you should probably stay away from it - and don't add words, letter, or numbers to try and get around infringement.
Hi Thank you very much for the information. I would like to give you a ***** 5 star rating not just for your quick replies but also your professional guidance. Actually it was not a new domain name I was using. I had registered it 4 years back. It was just an idea generated and no cybersquatting. My domain name is 'DomainsName.com' but I stopped running the site due to some reasons. The same i expect with the site: 'DomainName.com' .Now i see it running and live claiming registered marks etc. But when i searched the TM database they're not found in uspto.gov . Any other authentic reliable site where I can search if a site is a registered trademark owner like this? Even if stay outside the US, can I apply for a TM? How much does it cost? How much time to get TM? Any website address? So in that case if bag the TM, I will be the legitimate user? Thanks -Srini
Just some additional info before you post a reply to my earlier message. The other DomainName.com was registered earlier than mine and think some 7 years back.
It doesn't matter who owned the domain first. Trademarks are based on first usage for that niche. Trademarks do not have to be registered. The trademark application fee varies, but approximately $325. If you don't submit the application correctly, you lose your money and have to start over again. An attorney would charge you about $1,000. The trademark process takes about 6 years before your rights are "cast in stone". During that time it can be contested or canceled. Again, you must be sure you were the first to use the mark for a particular usage. When the domain was registered does not matter.
Thanks a million to you mjewel. You're simply superb with your quick answers. Thank you so much for taking time and suggesting me very interesting things. I hope not just me but I believe your answers here will clarify millions of new & existing domain name registrants now and in future. God Bless Thanks & Best Wishes -Srini