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   Author  Topic: Domain name  (Read 868 times)
samthomas
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Posts: 1
Domain name
« on: Dec 4th, 2007, 11:49pm »
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CAn someone out there help me with this question on domain name?
 
Two companies that are totaly in different bussiness having same registered trademark with respect to different class of goods. Now thery want the company/tradename as the domain name. can both have same domain name registered? if so how if not why?
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Dave_Zan
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Posts: 65
Re: Domain name
« Reply #1 on: Dec 5th, 2007, 4:34am »
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Technically speaking, domain names can only be registered to one party at a
time. It's first come first served since day one.
 
Depending on a variety of factors, a domain name can be transferred from its
current registrant to another party if the latter shows trademark infringement
had occurred using available and applicable dispute resolution processes.  
 
IANAL, but I've received these notices of disputes back in my domain registrar
days. I've since grown interested in learning how they go, and I keep up when
I can.
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Dave Zan
www.DaveZan.com
cyberlawonline.com
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Posts: 4
Re: Domain name
« Reply #2 on: Dec 10th, 2007, 3:45pm »
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As Dave said, both companies cannot have the exact same domain name. If the two want to fight about it, however, factors such as first to file and first use in commerce will come into play.
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Eric Menhart
Attorney at Law
CyberLaw PC
http://www.cyberlawonline.com
http://www.cyberlawonline.com/contact
still_studying
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Posts: 48
Re: Domain name
« Reply #3 on: Dec 20th, 2007, 1:50am »
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One company could take the ".com" and the other the ".net".  Or the ".us".  Or the ".co.uk".  It's confusing, of course, but that's the internet.
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