Monday, March 12, 2012

Trademark and Domain Names - Legal Help

This is a discussion on Trademark and Domain Names within the Business and Financial Law Questions forums, part of the Legal Questions & Answers Forum category; I was about to buy a domain name and somebody snatched it right under me, and now wants tons of money for it now there is no website, I wanted ...

  1. I was about to buy a domain name and somebody snatched it right under me, and now wants tons of money for it now there is no website, I wanted to know if I trademarked the name and domain name if I have a right to that name. Thanks
  3. Administrator Points: 21,349, Level: 100 Level completed: 0%, Points required for next Level: 0 Overall activity: 100.0% Achievements:
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    If you try to trademark the name after he already registered it, you would likely lose and could be held liable for reverse domain name hijacking. I am a domainer myself and this situation happens quite frequently. Unless you already have some trademark rights to this name, you are not going to be successful obtaining it via the legal process.
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  4. ok thanks, so i guess i will just have to buy it
  5. what about forming a llc under the name not the domain?
  6. Administrator Points: 21,349, Level: 100 Level completed: 0%, Points required for next Level: 0 Overall activity: 100.0% Achievements:
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    Unless this specific name is trademarked, you can likely form an LLC using that name but it may not be the smartest thing to do if you can't get a matching domain name with it as it may make marketing/advertising your other domain more difficult.
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  7. What would you advise to do?
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    Either buy the domain name if you can afford it or come up with a new company/domain name
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  9. After I purchase the domain name, how can I secure it! Should I trademark the name and domain buy other extensions and form a llc to really protect it?
  10. Administrator Points: 21,349, Level: 100 Level completed: 0%, Points required for next Level: 0 Overall activity: 100.0% Achievements:
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    It really depends on the name. You are assuming you are going to be able to trademark it. Is it a generic name, or something brandable/made up? You may need to consult with an intellectual property attorney to help you with the trademark registration.
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  11. Yeah it is a made up name very marketable and profitable once launched!

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Source: http://legalhelp.org/business-financial-law-questions/1891-trademark-domain-names.html

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