Lets say i own mydomain.com for 3 years.. and I didn't register mydomain.net and i provide service on mydomain.com and then someone registers mydomain.net 2 months ago and starts providing the same service I do. Can I be able to take away mydomain.net for copying me and having the same exact domain name with different extension? It's really annoying to see that many copycats these days.. all trying to make a quick buck. Thanks in advance.
One way to have a strong legal case against those actions would be to apply for trademark protection. Trademark protection, among other things, prevents competitors from using the trademark in the same industry. A way you can attempt to get a domain that uses your trademark is to take a look at and use the Uniform Domain-Name Dispute-Resolution Policy.
Thank AssistantX Let's say i dont have a trademark registered, can I still be able to get the domain?
Although it not being a registered trademark will make it more difficult, you still do have to power in a dispute. Before locking on to the Uniform Domain Dispute Resolution Policy (UDRP), contact the registrar of the domain you are targeting with your company's information and your request. You can also contact the owner of the domain to see if you can work out an agreement. Also, please view the two links below: National Arbitration Forum UDRP
Yup! if you have registered your domain for being business trademark! then you can have strong prospective to lead the case!
It's going to depend on the exact name. Descriptive names are generally not eligible for trademark protection. i.e. you aren't going to be do anything if you own cheapdogfood.xxx and someone else registers another extension. Common law trademarks are established by usage, not when you purchased the domain. You must be the first person to use, and continue to use, this mark for a particular usage. If you registered freeipods.xxx and then someone registers the same domain with another extension, you don't have a case because Apple trademarked "ipod" before you. Having a registered trademark does not "prevent" infringement - it just helps prove your rights and strengthens your mark. A UDRP action is going to cost you around $1000 if you do it yourself - could be several thousand more if you use an attorney. This is still far cheaper than a lawsuit.