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

Subject: Re: Re: 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 : : 9/21 I just had a thought as I was reading other materials on trademarks. I'm more concerned about this second user having a confusing domain name than the actual use of the name in business. I know this second person registered her domain name about 4 weeks after I did. Q: Could I prohibit her from using her domain name "www.THEdodgingduck.com" by me registering a trademark for my domain name of "www.dodgingduck.com"? I would clearly have used the name first, and she would then be infrining on my trademark of "www.dodgingduck.com" wouldn't she? I had prior use, and the only difference is she is putting the word "the" in front of my domain name. Thx for any opinion you may have. : Dear Sharon, : My understanding of the trademark law is the trademark registrant must be the first to use and dilligently reduce to practice. The use is limited. A confusing domain name may be attacked administratively or in the courts. The attacker much have a good right AND the money to do the job. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(tm) : Reality Check®

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