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Here is the scenario&.

1) started a job board which allows legal firms to post job ads for a fee.

2) Later starts a job board which allows legal firms to post job ads for a fee.

Does have a legitimate claim of use over Would be in a position to send a Cease & Desist letter?.

Please note: I am fully aware this is just an open discussion and not legal advice, so please feel free to give me your full opinion. For augments sake, I used Fictitious domains in this description.

Thank you,.


Comments (9)

Its a tricky one IMO there both generic terms however there both in the same field,.

In order to send a C&D letter, someone is going to need a TM, it's like namepros, there are lots of other forums out there doing the same thing, the only difference in your case is the domain names are confusingly similair, but you'll need a TM to tackle this...

Comment #1

It doesn't have to be a Registered trademark.

You can claim a trademark thru usage.

If you can show that you are known by that mark and have advertised using that mark, you might have a good case to make the TM claim.

Of course, a Registered mark is best.


Comment #2

I think the term is completely descriptive for the services being offered on the site. Therefore it is unlikely that any exclusivity would be granted...

Comment #3

I don't think they (you) have a claim at all. wouldn't have a right to just because they developed their site first.

This is just an example of why names without hyphens are so much more valuable...

Comment #4

I was thinking that because the names are so generic even usage would be hard to get as it's very descriptive, if you had a TM for the name / site though, that would be very different...

Comment #5

I am not an expert in trademark law, but if somebody registers a trademark straight from the dictionary (they should be denied registration IMHO), can they still win claims of the usage of that trademark. Legal Jobs is generic name made up of names straight from the English vocabulary, can't you still refuse with the name!!!..

Comment #6

Hi Herb, remember

Of course there are some other angles of the story there but looking at the names......

But it would be interesting to know about this....e.g you are starting something on a hyphen domain because there is nothing(or parked) on the nonhyphen domain and later the owner of the nonhyphen domain sees an opportunity and copies the concept...



Comment #7

Of course you are right except even pure generic domains are.

Not a guarantee someone won't covet it and try to take it either.

By arbitration or court order.

Some recent generic domain cases: Beware Covetous Latecomers and Trademark Overreach!.


Comment #8

That's a very good example. Just goes to show what tricolorro said... Anyone with enough money can take anything, or at least try..

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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