Re: Who Has Precedence?

Subject: Re: Re: Who Has Precedence?

Comments:
: : Sure love how the internet and its lack of geographic boundaries has created such a plethora of questions. Now we're facing one too! : : We began publishing an emailed news publication for a large niche audience in March. We're a business service firm. This ezine marked the cautious start of our online publishing division. The name of the pub is not coined. It is two common names -- ie, one word, followed by the word "Times." (As you indicated, we're not revealing all the specifics.) The publication has grown to be very successful, both in circulation as well as advertising. It's the third largest of its size in this niche. As it is part of our company, we built our company web site with the ezine being a distint section of the web site. But, it was not given, at that time, it's own url. : : Six months after we launched our publication, a one-person corp. was formed in an eastern state. It's name is the same as the name of our publication, except they put a "The" at the beginning. <so what> They also registered the domain name. : : Both target the same niche. They claim they're an online magazine, although it doesn't appear like that to us. They also use different names for themselves online in link pages -- related, but different. Our research has revealed that they operate only online. Doesn't state reg. of corp only give them protection in their state? : : Confusion is beginning to ocurr, although their presence is no where near as large as our's. We see our pub name in a search engine, followed by an entry citing their name. Fun. : : Who has first right to the name? We can prove our first use of the name. We have a contact occuring with their Secretary of State to get info on date of their incorporation. : : Any thoughts? : : Outside of legalities, are there any "courtesies" being extended online. A rash thought, no? For us to introduce a new name will take, by way of example, three months of work versus their one week. Doesn't matter, right? : : Thanks so much in advance. I was delighted to find this forum! : See the prior entry. You have had your free ride and you are paying for it. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, D : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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