Re: Re: Re: Re: Trademark on Website names

Subject: Re: Re: Re: Re: Re: Trademark on Website names

Comments:
: : : : : Hypo-Situation : : : : : Company A owns a serivcemark on a name and actively promotes this within their store and on their websites under .com : : : : : Company B registers the same website under .net and operates a service business under the same name a parameters. : : : : : Company B is clearly in violation of the registered servicemark. However, what happens to the .net URL? Does company A have a right to aquire or take control over it? : : : : : Thank you : : : : Dear Jack, : : : : If it were that cut and dried there would be no lawyers. : : : : There are lots of little in facts that have to be considered, beside the Reality of cost. : : : : 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 : : : : : The situation is cut and dry due to the trademark infringement, but the question lies in the web URL. I have read discussions by you in the past on this subject, but do not see where there is a statement or answer about the courts rulling on cybersquaters or someone registering under a known trademark .com vrs .net : : : Any advice is greatly appreciated and thank you for providing this service. : : : Jack D : : Dear Jack, : : I don't mind give helpful advice, free in this forum, but I'll damned, if I'm going to do reseach to answer questions. What is more cybersquating is a wild west show. : : 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 : Dear M. Arthur, : Please do not take such a defense to this question. I am not asking for a pro-bono lawyer nor for you to research in countless hours of time. : I am asking your professional (yes, I realize you are a professional and time is money) opinion on what you know about cyber-laws. I understand that this is a crazy 'can-o-worms' that has been opened or Wild-West Show. : However, the question that is going to be asked time-and-timne again is the same. If the general public and Joe-Store-Owner (or web-site owner) does not know or understand where his/her trademark rights fall, then what is one to do? : Is it, in your opinion, worth hiring your services or the services of an IP Lawyer to check in to such a cause? Or, should one just sit and watch the Wild-West Showdown? : Jack : P.S. The Doctor metephore you use reminds me of the story my gradmother use to tell about a train mechanic. A steam locomotive breaks down, the workers do not know how to fix it, so a repairman is called in to fix the contraption. : After a careful look, the repairman removes a wooden mallet from his tool box and hits the steam engine once on the broiler, the train immediately starts working. : The repairman then hands the owner a bill for $500 (big money in those days). The owner has a fit! "$500 for that!" the man yells, "You hardly did a thing!". : The repaiman says, "It is not what I do, it is what I know."

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