Trade Mark

Discussion in 'Legal Issues' started by romioaa, Apr 16, 2006.

  1. #1
    if someone trade mark my domain and I have been owner of the domain for 2 years before he trade mark it he could be able to take it from me?
     
    romioaa, Apr 16, 2006 IP
  2. EGS

    EGS Notable Member

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    #2
    He might be able to, but I'm pretty sure it would be thrown out of the court because I'm pretty sure if you registered it first as a domain, you have protection automatically.

    Trademarks in Domain Names if registered when an individual or company already owns the trademark will result in your domain being taken.
     
    EGS, Apr 16, 2006 IP
  3. AmyNelson

    AmyNelson Peon

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    #3
    The problem with that is taking the person to court - huge costs, and what if they are in another country?
     
    AmyNelson, Apr 17, 2006 IP
  4. itechgroup

    itechgroup Well-Known Member

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    #4
    My experience is no. When you register a trademark it doesn't automatically entitle the trademark owner to previous registered domain names. Also keep in mind that when you register a trademark you have to pick your class that you want to listed in. The trademarks can be multiple classes owned by multiple owners. Domain disputes go before ICANN which you can find here:

    http://www.icann.org/udrp/udrp.htm
     
    itechgroup, Apr 18, 2006 IP
  5. dotcomsdotbiz

    dotcomsdotbiz Banned

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    #5
    Was it Federally registered or registered just with one State?
     
    dotcomsdotbiz, Apr 18, 2006 IP