All Questions in Domain Names >> Trademark rights???

Trademark rights???

Posted by . updated on 11/11/2009
Hi,
I recently purchased a domain name (three months ago.  The deal included that the former owner still be a partner in the company.  He has owned the name for over two years and has marketed the name for the same amount of time.  I will use www.notunderstanding.com as an example.  If I have marketed and advertised as www.notunderstanding.com AND have incorporated as www.notunderstanding.com inc. does someone have the ability to trademark notunderstanding as a trademark and then bascially take my domain name away from me?  I have not been approached by the person who has done this but he has also done this to some of my DIRECT competition (trademark there name that is).  What should I do? I called the canadian trademark office and they said I am screwed but what would the point of incorporating be if I did not have at least some rights to fight this.  He applied to trademark at the end of September of this year.  Please help me I am a student and legal fees ahve already cost me more then the entire site.
Thaks,
Matt
Answers (1)
 
Dave_Zan
Called the Canadian trademark office?

If you're from Canada, you might want to seek "advice"
from someone there. This forum's mainly for US law.

I'll tell you this much, though: the answer is yes. Will[/i] it
prosper or not depends on a variety of factors (e.g. use,
domain's creation date, etc.).

If the domain name's current[/i] usage is similar, related, or
associated in any way to that of someone's trademark
rights (if any), especially if that use is commercial, that's
one possible strike against you. Attempting to sell it to
someone who can demonstrate trademark rights to the
term/s in question can be another.

It boils down to your intent for the domain name. Some
laws (especially trademark laws) and your domain name
provider's service agreement limit how you intend to use
it.

However, some parties resort to "reverse domain name
hijacking". Essentially it's abusing the laws and process
available for domain name disputes to wrest control of
the domain name/s legitimately for "unethical" reasons.

Be ready to seek an attorney to assess and weigh your
potential legal risks. That's what they're for, after all.
 

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