If I TradeMark a name after the fact that the TradeMark name "Domain Name" has been registered to someone else,and if the Domain Name which i just got a Trademark(only the name,excluding ".com) on was not a developed website,just a "Parked Page".Can I sue over the domain name that I have TradeMark on?Can I legally sue and win the Domain Name?
Let me explain a little better,this is an example:
John Billybob registered the domain, Google.com in 2001.
Google Inc. got a Trademark on the "Google" name in 2005.
John BillyBob never developed a site,just sat on the domain name.
Can Google legally take John`s domain away from him,being that Google,Inc just got the TradeMark on "Google"? ;)
2006-11-24 14:32:27 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
There are just far too many issues that are specific to each situation to answer this question in blanket terms. If this applies to you & is not just a hypothetical question, I'd suggest contacting a trademark attorney.
Also, having a trademark does NOT guarantee you the exclusive rights to the mark across the board. Every mark has to be filed for the trademark in connection with a specific product and/or service. So there can be numerous marks with the same name as long as their goods/services are different enough & there is no chance for customer confusion.
Hope that helps! Best of luck to you!
2006-11-28 04:08:53 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
While I'm not an attorney, I happen to study these disputes due to my work in the domain registration business (which I've left since then).
Domain name - trademark disputes, like most if not all legal disputes, are fact-intensive. Should it reach dispute resolution (via Court or an administrative proceeding), the outcome will depend on whatever facts have been presented and evaluated.
Even if you explain to your attorney YOUR facts and s/he tries to get whatever else separate facts are available, s/he won't necessarily guarantee you'll be able to get the domain name just because you have a trademark. It also depends on the registrant's intent for the domain name, and if the registrant shows they have an intended use for it.
If we were to take your example, then I'd say normally no. But Google can possibly run him down financially, which is what many parties usually do to get what they want.
Bottom line, a trademark is NO assurance you'll get the domain name. If such a situation exists in your case, talk to your attorney to assess your risks and options.
2006-11-24 18:50:53 · answer #2 · answered by Dave Zan 3 · 0⤊ 0⤋
No they couldn't win the domain name, but they could prevent him from setting up a site too similar or misleading.
He owns that name, so they'd have to buy it from him.
2006-11-24 16:48:39 · answer #3 · answered by joannaserah 6 · 0⤊ 0⤋
needless to say they purposely did this... a million). deliver them a stop & desent letter (it particularly is late, unsure if it particularly is spelled impressive). 2). deliver the area holder (bypass daddy or whoever) a letter exhibiting which you own the trademark. as quickly as you get it decrease back, I propose which you start up utilising it as a thank you to direct site visitors on your internet site.
2016-10-04 08:18:51 · answer #4 · answered by ? 4 · 0⤊ 0⤋