urgent Trademark deleting domain complication

Discussion in 'Legal Issues' started by eseller01, Feb 7, 2008.

  1. #1
    There is deleting domain which fits my business model. But i see there is a trademark out there with the same name. The expiring domain was registered before the trademark. The company has there own website which has a different name. My question is am i looking into any sort of trouble buying that domain? please help auction is ending in couple of days.
     
    eseller01, Feb 7, 2008 IP
  2. bluegrass special

    bluegrass special Peon

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    #2
    It depends on how you plan to use the site. Would the site compete with the trademark holder? If so then that spells trouble. If not then it doesn't (assuming the mark has not garnered famous status).

    The fact that the domain was registered before the trademark means nothing in this case. First, the trademark could have been in use before it was registered. More importantly, as soon as the domain ownership is transfered to a new owner the clock restarts on whether the trademark holder can take the domain.

    Will they, who knows. But from the limited info you've provided it sounds like they could.
     
    bluegrass special, Feb 7, 2008 IP
  3. eseller01

    eseller01 Active Member

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    #3
    No i will not be competing against them. hopefully that will go in my favor, They also have a website which is trademark-keyword.org, so if someone trademarks any name they potentially have a right over all tlds pertinent to that name?
     
    eseller01, Feb 7, 2008 IP
  4. bluegrass special

    bluegrass special Peon

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    #4
    Potentially, yes.
     
    bluegrass special, Feb 7, 2008 IP