Re: Re: Re: Trademark the ".com"

Subject: Re: Re: Re: Re: Trademark the ".com"

Comments:
: : : : 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.>> : : I think that's why they are asking questions here, Arthur. : : Sid: : : The Patent and Trademark Office ("PTO")will disregard the .com when analyzing other trademark applications. Thus, someone who sought to register a mark that was the same as yours (or confusingly similar), but had a .com, should be rejected (assuming the mark was used for similar goods or services) by the PTO. : : Arthur appears to be correct concerning domain names. While trademark owners may have rights over someone who is infringing their trade identity, priority of use is central to trademark law. If they were using it first, they may have developed their own common law rights in the name. : : Hope this information helps. : : Mark Lebow : Thanks Mark! : The law allows you to do it yourself. It is like playing Russian Roulette. Even the best of lawyers do not know everything. Sometimes the winning or losing is a matter of legal persuasion. : Doing it yourself is like practicing medicine by reading Gray's Anatomy. : When you go to a doctor, you have to find one that you can trust. Even when you pay a high fee there is no assurance that the doctor is working for you or the fee. : We start with an inexpensive "Reality Check" to save time worry and money. : 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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