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Haven't seen this question...the names are fictional, but I have this exact situation...

I have: FuturisticComputersInc.com.

There is no TM for 'Futuristic Computers' now. But there might be a company using that name (I haven't found one).

If a company comes along called 'Futuristic Computers' and incorporates, so that they are now legally 'Futuristic Computers Inc.'.

If they TM 'Futuristic Computers' or 'Futuristic Computers Inc'.

Would I have to give up the domain name, even since I had the domain first?.

Thanks for your help!..

Comments (5)

No, if you have it first, then generally you are grandfathered.

Most likely though, the company will offer to buy it off of you frst without incident. Lawsuits are expensive.

I would say you are generally safe unless FururisticComputers becomes a giant.

Then you may end up with a case like Nissan.com. They cannot win, but they try to cause the owner hell. Just keep good records that you registered the name on whatever date, and then in court you can prove you came first (if you are ambitious enough and unique enough, you could actually sue them for infringing your copyright as you came up with it first!)..

Comment #1

If there is truly no company by that name, then you are in pretty good shape. But that does not mean you can do whatever you wish with the domain. Bad faith usage can land you in hot water.

Now, as far as you saying a "TM", you mean one is not filed yet, or you know as a fact there is not a company by that name even though it is not registered. Companies may have common law TMs which they may be able to prove. So if you heard of a new company, chances are they did not register their name for future use. And if that is the case and you are hoping they go inc, then that won't be as strong as if there is no company currently in exsistance...

Comment #2

In some states I believe it is illegal to represent yourself as incorporated or as a LLC unless you really are. This is not a TM violation, but a matter of business deception. However, it probably wouldn't come into effect unless you actually tried to do business with the name and the state had jurisdiction. Worth looking into for your state though...

Comment #3

There is a business by the name of Futuristic Computers. http://goliath.ecnext.com/coms2/prod...7099-page.html EDIT: Didn't realize this was fictional...

Comment #4

Ok....

But you realize he was using an example instead of the actualy name. It's just a coincedence there is one...

Comment #5


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

 

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