Trademark question

Discussion in 'Legal Issues' started by dturnbull, May 16, 2008.

  1. #1
    Okay, I have the .net of a domain name with the .com being just a parked page. I feel that I'll need the .com to grow properly, and the owner is very short with me when I try to make an offer (all which were very reasonable).

    There is no trademark for the content of the domain. If I were to register the trademark for the word combination would the current owner of the domain be legally obligated to hand over the domain? I wouldn't want to just take it (I'd offer money still), but I can't think of any other way to get this domain.
     
    dturnbull, May 16, 2008 IP
  2. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #2
    No. Trademark law is not like patent law - in trademark law, first to use establishes rights. A trademark does not automatically give you exclusive rights to a name - only for the classification you file in. If you trademarked the name in a certain classification, and then the .com holder created a site in the same classification, you would have an infringement claim.

    Practically speaking, you have no way to obtain the domain unless you purchase it from them. If they want to keep it a parked domain, you have no way to claim the domain. It would also be far cheaper to try to buy the domain for thousands of dollars then go to the expense of trademarking a name, hoping they infringe, and then suing them for infringement.
     
    mjewel, May 17, 2008 IP