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Author Topic: trademarks, domain names and EBay  (Read 862 times)

concerned001

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trademarks, domain names and EBay
« on: 02-23-11 at 10:35 am »

I asked for and received a two word ID from EBay. 

Then got to thinking I wonder if those 2 words are trademarked not knowing if EBay cross references USPTO site before issuing an ID.  There is no trademark however there is a domain name with dot com with those 2 words.

I'm thinking to apply for a trademark on those exact 2 words.

Does USPTO cross reference use of those 2 words with domain names, doubtfully they would with EBay ID's.

And lets say I get a trademark for those 2 words can I somehow make a demand to take possession of that domain name.

Oh, forgot something important.  That domain name shows server not found.

thanks.
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JSonnabend

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Re: trademarks, domain names and EBay
« Reply #1 on: 02-23-11 at 10:47 am »

The PTO generally does not "cross reference" marks in the way you suggest.

For what goods and/or services would you be seeking the registration?

You cannot force a domain owner to turn over a domain based on trademark rights you establish after that owner first purchased the domain.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com

concerned001

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Re: trademarks, domain names and EBay
« Reply #2 on: 02-23-11 at 12:27 pm »

"You cannot force a domain owner to turn over a domain based on trademark rights you establish after that owner first purchased the domain."

that's disappointing to read.

It would have been interesting if I could force.

thanks.
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