Re: Re: Trademark of sole prop w/ intent to incorporate & domain name

Subject: Re: Re: Re: Trademark of sole prop w/ intent to incorporate & domain name

Comments:
: : : I just found out someone has opened the same gift basket business online w/ exactly the same name as I have, and she registered her domain name 3 weeks after I did. Don't know when she started in commerce. It's possible she got up and running before I did. I intend to incorporate next year, but want to protect the name now before the other person has the same idea, as I have quite an investment in the business and name now. : : : Q1: if I trademark the unincorporated name"XXX" now , is that sufficient to protect the incorporated name "XXX, Inc" later? I would presume so. Q2: does trademarking the name protect the domain name also? In this instance, my domain name is www.xxx.com; the other business simple put nserted the word "the" and registered her domain as "www.thexxx.com." I want to make sure I can shut down her site also. Q3: I haven't decided on permanent logo w/ the name "XXX." Is it necessary to trademark a logo now or is the name protected regardless of what logo I might use with it? I presume so, understanding that the logo will not be protected, which I don't care about, but will someone be able to pick a completely different logo and THEN be able to use my company name of "XXX" with their different logo? : : : Thanks for any help. I need to move fast. : : : Sharon : : Dear Sharon, : : 1. Possible but not too likely. : : 2. If there is a conflict of use of the domain name there may be something that can be done. : : 3. No. The name is broad protection. : : 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 : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : : Thank you, Mr. Auslander.I understand your answer to #3. With respect to number 1, does that mean that I could tradmark, solely for example, "The Dodging Duck," and someone later was free to use "The Dodging Duck, Inc." because that would NOT be covered by my trademark? : As for Q 2: let me put this in clear example form so I can follow what I believe your answeer was: : 1. I register a trademark for "The Dodging Duck." : 2. I register but do NOT trademark the domain name "www.dodgingduck.com" : 3. Someone else comes along and registers the domain name, "www.THEdodgingduck.com" : Q: are you saying that the second person MAY in fact be able to keep their domain name even though the substance of the domain name is exactly the name I trademarked, i.e., The Dodging Duck? : This is very complicated stuff! Thx for your guidance. : Sharon

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