Unusual domain trademark question

Discussion in 'Legal Issues' started by mmaguy, Oct 17, 2010.

  1. #1
    If I have a domain name (called hotname.com) that was registered in 1998 and someone trademark the word phrase "hot name" today, will they then have the rights to take the domain name from me?
     
    mmaguy, Oct 17, 2010 IP
  2. kindsvater

    kindsvater Well-Known Member

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    #2
    Generally no. If X trademarks a name after Y has registered a domain with that name, then X cannot take it from Y.

    But there are a few cases where the domain was lost. What happened was Y was not using the domain. But after X created their trademark Y then put a website on the domain intentionally trying to make use of X's trademark.
     
    kindsvater, Oct 17, 2010 IP
  3. contentboss

    contentboss Peon

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    #3
    The only legal precedent I'm aware of for this kind of thing is as kindsvater says, and perhaps in the case that a trademark exists in one jurisdiction, who then decide to enforce the mark globally. Some jurisdictions restrict what you can trademark, of course. For instance, in the UK, I doubt you could trademark content spinning because it's two real widely used words. You could, however, probably trademark conpent spinnting (made up words, which is why chem cos do it all the time).
     
    contentboss, Oct 17, 2010 IP
  4. AstarothSolutions

    AstarothSolutions Peon

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    #4
    You could also contest the trademark on the basis of your existing business assuming that their trademark is going to be in the same region as your site.
     
    AstarothSolutions, Oct 18, 2010 IP
  5. attorney jaffe

    attorney jaffe Member

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    #5
    Since you have had the domain name for years, you are probably the legal owner of that domain name, but it may still depend on the facts of the situation.

    Are you actively using your domain name for a site? Does the domain name relate to what you do on your site? Is there a 3rd party who could claim the trademark itself? All of these questions and more go into the answer to your question.
     
    attorney jaffe, Oct 18, 2010 IP