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Re: Trademark the ".com"


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Posted by M. Arthur Auslander on June 19, 2000 at 05:27:23:

In Reply to: Trademark the ".com" posted by Sid on June 18, 2000 at 23:51:23:

: I have just registered a domain name, and now I want to
: protect it by applying for a trademark. While searching
: the Federal Database, I have notice trademarks of the
: domain name, such as "whitehorse.com", while others
: trademarked just "whitehouse". Which is better? Should I do both?
: On a related note, if someone has already registered the domain
: with Internic the domain(for example) "whitehouse.com", and I later trademark
: the word "whitehouse", can I get control of the other
: person's domain? What is I register "whitehouses" or some other plural?
: Thanks

It's a Wild West Show out there right now. The trademark law must be understood in order to know when you are in trouble.

Usually domain names in themselves don't dominate trademarks. Domain names on the other hand can be curtailed and force to be cancelled in some cases by a registered trade mark.

It is my belief that if the domain name is first that you can't do much with a later used trademark. It may not even be cybersquatting.

I like to save money too. I don't trust all doctors either. When I have a medical question I don't go to a medical book. I go to a doctor I can trust who will answer my question frankly. I recently had unexplained foot pain. The doctor said he could send me to a podiatrist and or take an X ray. He recommended looser shoes.

I followed his advice. The pain went away, the swelling went down and I now can wear all of my shoes without pain.

Sound like your shoes are hurting you now.

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 (sm)
E arly L egal A dvice I s N ot E xpensive



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