Re: legal ownership
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Posted by M Arthur Auslander on November 22, 2002 at 00:00:07:
In Reply to: legal ownership posted by Tm Mahdi on November 21, 2002 at 06:09:37:
: If we trademark a company, do we legally have ownership of the domain name? We are based in Canada, if so, do we legally own a .CA or a .COM or both? : Thank You, : Tm
Dear Tm,
Trademarks and tradenames may be related but are separately treated by the law. Domain names have a sparate existence. They do not give the protection of a trademark and may conflct with trademarks. It a very complicated situations with domain names. They can be abused.
I don't offhand know the answer about CA or .com. My thought is that you ought to be able to have .com.CA.
You should be aware that trademarks have separate existences in each country, thus an important mark has to be registed in every country that it has meaning for. M. Arthur Auslander
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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