Question about domain and site name

Hi guys,
Let assume 2 years ago i got a domain name (just for example) Getit.com, i do not develop anything yet and didnt opened a business on that name.

Year later someone else register get-it.com and he do have a company name which called GetIt or Get it. (mean open a company a year later)

Who's the one in trouble? can i do something against him? or maybe can he do something about me?

 

No one would really be "in trouble". Owning a particular domain typically isn't enough grounds to pursue something legal, although a lot of people still do . You'd really need to have your business name trademarked...which would protect your business from competitors.

If the other owner decides to trademark it, your basically in the clear, because you didn't purchase the name in bad faith, and you owned it before they did. It's not always so cut & dry w/ every case, and some rulings have been BS. If you or the owner is doing something in "bad faith"...that's when you/they would do something about it. Just go about your business as you normally would.

 

If you and the other company are doing different things in different markets, there should be no issues. If you are competing head-to-head, it could come down to which of you has the biggest wallet to pay lawyers. Do you know what business this other company is in?

 

They sell product for pet industry, i provide only information about pets

 

@jrbiz is definitely right. Typically, it's the one w/ the deeper pockets. Funny, after reading this post, I went on Reddit a little while after and found this "AMA" http://www.reddit.com/r/IAmA/comments/2ke3h0/iama_keith_alexander_ashe_ceo_founder_of/

While were not trademark attorneys, or "online" lawyers, the more information you can give us the better. If this is something that actually worries you.

 

If you have trademarked it and registered a business by the time you setup the domain name - you can go for legal process. But if not, there will be chances that the other company will get your domain. Sometimes if we dont take care of our domains and just leave them be, they can be taken from us. If you plan on pursuing something legal, just make sure you have enough money to do so.

 

How do i trademark it?

 

It depends where you are located. In the U.S., the rules are that you can trademark your brand or company names simply by applying a TM at the end of the name you are trying to trademark wherever said name is published (hardcopy, online, etc.) The first company to do so and have proof of same, has a bit of an advantage legally, though it is not a guarantee of legal victory in court. Once you have been in business with the trademark for a couple of years, you can apply with the U.S. Patent and Trade Office for a Registered Trademark status. You will have to fill out a form, prove you have had the trademark for two years, etc. If you get that Registered Trademark designation from them, you have won the legal battle, for the most part.

If you are not based in the U.S., different rules will likely apply.

 

http://www.uspto.gov/trademarks/

It takes time, and it's not cheap.

 

Do a search on USPTO.gov and see if your name has been registered. He might not even be trying to get the trade/service mark, or, someone else entirely might already have it.

 

owing a particular domain name will never give you any problem. EG. You can buy some word with amazon in a domain, this will not be proving anythings against you and amazon would'nt open a case here.

 

It's not about the domain, but it's about the Brand. If he/she has already registered under this brand name and you're getting benefits by providing the same kinds of products or services then he/she might sue you.

 

With a caveat that this is general information and not legal advice: In the United States at least, the basis of trademark infringement is likelihood of confusion. This means whether someone would be confused by the origin, sponsorship, or affiliation between the two sites. If you both have "GetIt," but one sells bicycles and one has funny videos, there may not be a problem.

You should note that the best way to get trademark protection is to register your trademark -- however, you MAY still get some protection without registering it if you used it in connection with your brand first. In this case, unfortunately, you probably don't have protection since you registered the domain but never used it.