Re: Trade marks vs. Similar Corporate Names and URL's

Subject: Re: Re: Trade marks vs. Similar Corporate Names and URL's

Comments:
: : In June of 1999 I formed a Corp. in Delaware called Web Domains, Inc. (not real name). : : A foreign corp and its US subsidiary (non-Delaware) have the corporate names of WebDomains International Limited and WebDomains USA Inc. They respectively own/operate the sites www.webdomains.com and webdomainsusa.com (again not the real names). : : Their business is domain name registration; my corporation's business is the sale (and sometimes developement) of domain names owned by the corporation. : : The parent international company had a word mark on WEBDOMAINS that was abandoned in August 1999. In October 1999 I registered the domain webdomainsinc.com. In November I went live with the site. This week I received a letter from their lawyer stating that I infringed on their mark of WEBDOMAINS (refiled in Jan 2000 by the US subsidiary) and upon the mark WEB DOMAINS that their lawyer reports that they have pending. The WEBDOMAINS word mark relates to the service of registering names. They want me to stop using the name and mark WEB DOMAINS and transer ownership of the domain webdomainsinc.com to them. : : Seems a little harsh to me as my corporation is merely trying to sell names that it owns and refer browsers to sites that it has developed using a site that is its legal corporate name, and never uses the combined form of WEBDOMAINS or WebDomains. : : What are my options? Is it worth fighting? Registering? Opposing? I would think that I should have at least common law rights to the Web Domain, Inc., and webdomainsinc.com : Dear Robert, : The first user of a mark whether a trade name or trademark may have an assertable right. The right in a trade name is not as clear as that of a trademark. : The law can get very complex with domain names mixed in. There us also recent anticybersquatting legislation. : My gut says that you may be on the cutting edge or the wrong side. Beyond the law is is reality of an abililty to fight. It is expensive and works both ways. The winner is often the deepest pocket irrespective of the merits. : 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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