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I recently just bought a .net domain name with the same name as a .com site. I did a search on the domain name on http://www.uspto.gov/index.html and found no trademark or copyright of that domain during the time I bought it. But after reading all the other trademark question I am just wondering if it is still a trademark domain if he never registered it but owns a well established site with that name??..

Comments (9)

Yes, still a trademark. Reasonable use gives an "unregistered" trademark.

-Steve..

Comment #1

Could also work vice versa. I've heard of .nets claiming the .com was breaching trademark of the .net site..

Best advice is to wait and see if you receive a C&D..

Comment #2

Sorry what do you mean by "Reasonable use gives an "unregistered" trademark." and "C&D"..

Comment #3

C&D means a Cease and Desist letter or email, usually from an attorney..

E.g. cease and desist from using our trademark and hand over the domain to us to avoid legal action....

Comment #4

To be specific, the term can be a trademark if the holder can demonstrate it's.

Being used as a source identifier in commerce. And that's at least under U.S..

Law without considering other jurisdictions that might treat it differently...

Comment #5

He is saying if the domain can be TMed if it can be proven that it attained TM status through commercial usage and aquires a secondary meaning.

If you ask what I mean, then do a search on 'Trademark" and read for a while here. I will save much time, money and headaches.....

Comment #6

Just because the .com domain is an ongoing commercial site is not in and of itself enough to confer unregistered trademark status to the word, words, or phrase preceding the .com. The word or phrase of the domain name must be suffuciently non-generic and not just purely descriptive of the commerce for it to be trademarkable. It's more complicated than you think. For instance Cars.com can not go after Cars.(anything) claiming TM violation. "Cars" can not be trademarked even though Cars.com is used in commerce...

Comment #7

Just use the search function here like DNQuest suggested...

Comment #8

Just so everyone doesn't think we were being "Big-bad-mods" - while that line was somewhat rude/lazy - that account was closed for being a duplicate account, not for the user's lack of tact.

-Allan..

Comment #9


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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