Trademarks and domain names

Discussion in 'General Chat' started by blogspot, Sep 20, 2008.

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  1. #1
    Hi,

    Let's say you register a trademark, but someone already owns a domain name containing your trademark... can you legally sue him and takeover the domain ?


    Thanks
     
    blogspot, Sep 20, 2008 IP
  2. GameOver

    GameOver Well-Known Member

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    #2
    Yes (99% sure), that is why if your site reaches a certain level, you should trademark the domain.
     
    GameOver, Sep 20, 2008 IP
  3. tendulkar2

    tendulkar2 Banned

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    #3
    I think No. If he registers the domain name far before than you (that contains your trademark), you can't do nothing about it... It's better to choose another unique trademark domain.
     
    tendulkar2, Sep 20, 2008 IP
  4. Stroh

    Stroh Notable Member

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    #4
    No you cannot, if they owned the domain prior to your TM that means they are automatically grandfathered in, vbulletinsetup.com is an example of this cause vBulletin didn't get the TM until later, and they used the vbulletin name in their domain.

    Also think about nissan.com - that's another example.
     
    Stroh, Sep 20, 2008 IP
  5. pachecus

    pachecus Well-Known Member

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    #5
    There are just far too many issues that are specific to each situation to answer this question in blanket terms. If this applies to you & is not just a hypothetical question, I'd suggest contacting a trademark attorney.

    Also, having a trademark does NOT guarantee you the exclusive rights to the mark across the board. Every mark has to be filed for the trademark in connection with a specific product and/or service. So there can be numerous marks with the same name as long as their goods/services are different enough & there is no chance for customer confusion.
     
    pachecus, Sep 20, 2008 IP
  6. johnwright.junior

    johnwright.junior Peon

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    #6
    No you cannot sue him. First of all you might not get a trademrk because you can make an already published thing your trademark. Once published it belongs to the publisher
     
    johnwright.junior, Sep 21, 2008 IP