Re: Domain names and trademarks

Subject: Re: Re: Domain names and trademarks

Comments:
: : I own the domain name: LearnThe.Net. I also own a sole proprietorship in Montana called LearnThe.Net Productions and do Internet development, training and consulting in Montana. My web site advertises mey services. I have plans for a newsletter on my website to give tips on using the Internet. I have recently filed a trademark request for the exact design : : "LearnThe.Net" with the shown capitalizations and the "dot". : : I recieved an email from the owner of the domain "learnthenet.com" who has been in existence since 1996. He has also trademarked his learnthenet logo. He is claiming trademark infringement. : : As I own the LearnThe.Net domain, does he have a legal right to the name as spelled. Do I need to remove my website? : I disavow professional responsibility until such time as I am retained. : If the claimant has a valed registration dated before your use, it looks as if his rights are superior and may dominate your domain name. The fact will determine infringement. It does not appear likely that if you stop that you can be held for any damages for infringment. : Knowing before you are in trouble is where Elaine's Workshop comes from. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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