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Q: Domain Name Laws ( No Answer,   3 Comments )
Question  
Subject: Domain Name Laws
Category: Business and Money > Small Businesses
Asked by: kaotic-ga
List Price: $5.00
Posted: 03 May 2004 23:58 PDT
Expires: 02 Jun 2004 23:58 PDT
Question ID: 340739
I curently Own my own busniess and domain name I have just recieved an
e-mail form an individual that clames to own my domain name assuming
he owns a busness of the same name of my domain does he have rights to
my domain name??  I am looking for a short answer and possably a link
to a page that contains Internet domain laws.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Domain Name Laws
From: popfrog-ga on 04 May 2004 00:16 PDT
 
You may find it here by this URL
http://www.rjg.com/basf.html
Subject: Re: Domain Name Laws
From: haroon19-ga on 04 May 2004 01:09 PDT
 
You don't have to worry unless they own the trademark.  If they did
not register the trademark and were only doing business under that
name, they have no rights to the domain name.

The answer to all your questions is found here:
http://www.keytlaw.com/urls/urllaw.htm
Subject: Re: Domain Name Laws
From: schott23-ga on 19 Jun 2004 10:33 PDT
 
Hello:

I am a Researcher & Translator specializing in trademark and brand
search, analysis and protection.  I'm sorry to say this but the above
posted information is partly false.  The poster haroon19-ga is correct
in saying that you need to worry if the person claiming rights to
"your" domain name and business name is a an owner of a trademark. 
Howerver, there is a misunderstanding/misinterpertation regarding the
rest of the advice.

In the United States trademark rights are aquired by using a trademark
not only by owning a registration.  This type of trademark ownership
falls under the realm of common law protection.  It is generally
advised and helpful to file a an application for a registration with
the US Patent & Trademark Office.  However, it is not a requirement to
claiming ownership and trademark rights.

If you are using a name (or pictorial image) to sell something it is a
name being used in trade...a trademark.

An important detail that may determine your rights is the first date
of use (meaning what day did you first use this name and domain name
to offer your product and/or service).  If you were using the similar
name before the person who contacted you, you may in fact have a claim
against him or her.

Below I have pasted the first paragraph from the link attached the
horoon-19-ga's comment.  It summarizes some of the above.

"Domain Name Disputes: Trademark owners and domain name owners should
know their rights under the UDRP.  It is a strong weapon for trademark
owners (including owners of unregistered marks) and a potentially big
problem for owners of domain names that are the same or identical to a
trademark or service mark."

If you wish to investigate this issue further, I would reccomend
reading available information on the following sites as a starting
point:

www.inta.org (International Trademark Association's homepage)
www.uspto.gov (United States Patent & Trademark homepage)
www.nolo.com (An excellent source of all types of legal advice,
information and links.)

Pleae note that I am not an attorney nor should any of the above
information be misconstrued to be legal advice.  I'm merely sharing
information as a professional in the intellectual property field.

The best suggestion I could provide would be to seek the advice of an
attorney experienced in intellectual property law.

Schott23

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