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Domain/Trademark Question


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Posted by Saharad on August 28, 2003 at 22:00:55:

I came up with a business idea about 2 years ago. Have since expanded on the concept & will relaunch the venture shortly. I registered a domain name that suits the venture perfectly, renamed the company, and have since applied for a federal trade/service mark. A lady who owned the domain name several years ago recently contacted me, wanting the domain name back because she now wants to sell her business of the same name, to someone who would actually run it. Being that my company actually provides the service the domain describes (technology related), I denied the request. She & I have no prior history although our concepts are similar and her failure to renew the domain was no fault of mine. Her company does not provide the service it claims to and thinks technology refers to simply having a website and being on the internet. Does she have any recourse even though our concepts/businesses are entirely different? If she has a state trademark, am I in a better position since I would hold the federal? Also, can I prevent her from further using the name to avoid confusion in the market place?
Thank you.


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