Re: Re: TradeMarks - Domain Names

Subject: Re: Re: Re: TradeMarks - Domain Names

Comments:
: : I'm really more of a patent attorney, but I'll take a shot at this.... : : : Company A owns domain name: "sitename.com". "sitename.com" is not a trade mark and "sitename" is not a trade mark. : : : Company B register "sitename.net" and use it for his own services. : : : Scenarios: : : : 1. Does Company A have any right to "sitename.net"? As I wrote "sitename" or "sitename.com" is not a trade mark. : : <i>No. That one is pretty easy as I understand trademark law in this area. Domain names are not trademarks.</i> : : : 2. Company A register trade mark "sitename" or "sitename.com" after a given period (domain name "sitename.net" is already registered). Does Company A have any right to "sitename.net"? : : <i>By saying "'sitename.net' is ... registered", I assume you mean as a trademark, not merely as a domain name. Accordingly, any trademark rights to "sitename" or "sitename.com" must be subject to the previously registered trademarks rights to "sitename.net." So, my answer is still No.</i> : : <i>If my assumption is wrong, then it gets beyond my limited experience with trademark law. I don't know if the anti-cybersquatting statute acts retroactively like that. If Company B has a legitimate reason to use "sitename.net", I believe the answer is still No. Anti-cybersquatting only kicks in when the domain owner has no legitimate use for the domain name.</i> : : <i>One last caution, being wrong doesn't always stop people from suing. Company A may still harrass Company B aggressively over the whole thing. Who's right in the law doesn't always prevail.</i> : : <i>I hope that helps. Regards.</i> : : : Thank you for your help. : Thank you James. Your response is appreciated. So, if a trademark is registered AFTER company B has already registered a domain name (not trademark), company A can not do too much. : I am talking about a generic 2 word domain name like "sitename.com" or "sitename.net". When you wrote: <If Company B has a legitimate reason to use "sitename.net"> what do you mean by legitimate reason? If company B registers another company (not trademark, just a company on one country) under the name "sitename" or "sitename.net", I believe this is a legitimate reason, right? What if company B don't register another company, just run their service under the name of "sitename.net"?

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