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Author Topic: Re: Business Name Vs Domain Name  (Read 881 times)

Isaac

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Re: Business Name Vs Domain Name
« on: 01-20-06 at 01:32 pm »

By registering your company name, are you refering to registering the name of your business entity with the state, or a federal registration of a trademark?

From the facts presented, it seems likely that the company in question has no real case,   But the relevant dates for avoiding the anti-cybersquatting statute (ACPA) are your date for registering your domain name compared to his date for using his trademark, and your post did not directly discuss that information.  

Other dates may have some relevance, but if these are in your favor you can at least be on the right side of the ACPA.   But being on the right side of ACPA does not mean that the registrants dispute resolution scheme might not allow an attack on your ownership of the domain name.

I personally do not think very highly of the tactic you describe, but perhaps the other company has a different view of the facts.
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Isaac

JSonnabend

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Re: Business Name Vs Domain Name
« Reply #1 on: 01-23-06 at 10:12 am »

From the sounds of it, not only does he not have a case against you (as I believe Isaac accurately discusses), but you may very well have a case against him.   Depending on how aggressive you wanted to be, you might be able to stop him from using "Detroit Virtual Tours" in commerce.

I suggest speaking with an attorney about your matter.  You might also consider seeking tm registration for your domain name, assuming it has been used as a mark (which I believe it has from my understanding of your post).

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
 



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