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Other >> Domain Name Forum >> domain owndership/legal rights
(Message started by: seattle_artist on Oct 13th, 2007, 11:16am)

Title: domain owndership/legal rights
Post by seattle_artist on Oct 13th, 2007, 11:16am
simple question  - i own the domain of my business name, does this give me any kind of legal rights that protect my name?


Title: Re: domain owndership/legal rights
Post by Dave_Zan on Oct 14th, 2007, 11:24pm
If your business name is also your trademark, it can.

You don't necessarily need "legal rights" to protect it. But I guess
having a belt and suspenders won't hurt.  :)

Title: Re: domain owndership/legal rights
Post by cyberlawonline.com on Dec 10th, 2007, 3:48pm
While state law may vary, being the first to use a unique name in commerce can offer some protection, but the devil is in the details, so you'd have to formally consult with an attorney as to specifics of protection, if any.

Title: Re: domain owndership/legal rights
Post by DJoshEsq on Dec 10th, 2007, 8:03pm

on 10/13/07 at 11:16:26, seattle_artist wrote:
simple question - i own the domain of my business name, does this give me any kind of legal rights that protect my name?

It depends on how you are using it.  Feel free to give me a call to discuss.  If you are using the domain name to advertise and/or sell goods or services, then you should consider trademark protection.

Title: Re: domain owndership/legal rights
Post by JSonnabend on Dec 12th, 2007, 8:04am
Josh, if the OP is "using the domain name to advertise and/or sell goods or services", doesn't he or she already have "trademark protection"?  Perhaps you could clarify this point for the OP here for the benefit of others, rather than in a private telephone call.

- Jeff

Title: Re: domain owndership/legal rights
Post by DJoshEsq on Dec 12th, 2007, 11:54am
Well it isnt a simple question, hence why those of us that specialize in this area.  

As a preliminary matter, no she may not have any trademark protection whatsoever.

A number of questions must be answered including whether the name (mark) is being used in a trademark sense (as a source identifier), whether mark is protectable, and whether the mark is being used in interstate commerce...

If the mark is protectable and is being used as a source identifier in commerce, then there is common law (limited) trademark protection. However, the scope of those rights is limited by a number of things, including strength of mark and other users and uses (even confusingly similar uses. As one example, federal trademark protection is constructive notice in the entire U.S. Thusn another user that may have used first in a small geographic region s prohibited or at least severely limited in expanding into other regions.  

Title: Re: domain owndership/legal rights
Post by DJoshEsq on Dec 12th, 2007, 11:57am
sorry for typos i am limited by my pda today



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