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[Aaron S.]

Hello, I'm really sorry if I'm answering a question that has been asked too many times to name, but I can't seem to find anything that really matches my situation in this forum.

I am a member of a website that was just recently founded about a month ago.  Just a few days ago, we were informed that there was another website under the same domain name, except they use a different TLD (.com, .net, .org).  Both  websites use the same title to identify themselves. (i.e. "Intellectual Property Law Server")

The other party is claiming that we must change our  identifying title, claiming that it is a violation of copyright and trademark.  They were founded several months before we were.

Neither site is a commercial site.  If I remember correctly, there is not such thing as an "intellectual trademark" and all trademarks must be registered with the USPTO in order for any trademark laws to take effect, which neither site has done.

I was under the impression that things such as names or titles could not be copyrighted, as they do not show sufficient "creativity" to be considerent intellectual property.

Does the other site have any legal ground to force us to change our name?  Could you please point me to laws to prove to the contrary (or prove their point, as the case may be) as their webmaster seems to like to have things explained very clearly.

Thank you for your time,
Aaron

[JSonnabend]

Speaking in general terms, the mere use of a name as a web address is not sufficient to create trademark rights in the name.  One must use the name as a trademark before being able to protect the website name as such.

Also, there is no requirement that one register a TM with the Trademark Office.  Doing so may confer certain benfits on the registrant, but one may have enforceable trademark rights without ever registering a mark.

- Jeff

[Aaron S.]

Thank you for your reply, JSonnabend.

This has cleared up a lot of issues.

Thank you for your time,
Aaron

[Isaac]

I agree with Mr. Sonnabend that just using a name as a
domain name does not create a trademark, but your original
post suggested that the name was also used as the title of
the web site or to refer to themselves.  Maybe there is a
trademark usage in their somewhere.   If non profits like
PETA can hold trademarks then "use in commerce" is not a
narrowly construed phrase.