Domain name legal rights

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  • mkx
    Confirmed User
    • Nov 2003
    • 4001

    #1

    Domain name legal rights

    Question. Can there be legal issues between companies using .com / .net / .us / .org names such as a company owning computerparts.com suing the company owning computerparts.net who is selling the exact same products and registered the business name and domain after computerparts.com or is there nothing to worry about for generic names?
  • ProfitPrograms
    Confirmed User
    • Feb 2004
    • 1061

    #2
    nothing to worry about with that generic of a term....

    not branded
    ICQ: 189153

    Comment

    • mkx
      Confirmed User
      • Nov 2003
      • 4001

      #3
      Even if the name is trademarked and your selling the exact same product?

      Comment

      • mkx
        Confirmed User
        • Nov 2003
        • 4001

        #4
        Bump

        I am about to pay some big $ for a .com domain and a .net one already exists and is devoloped. I am about to take the market over. Just wanted to make sure the little guy won't get mad

        Comment

        • Mr.Fiction
          Confirmed User
          • Feb 2002
          • 9484

          #5
          Originally posted by raulph
          Even if the name is trademarked and your selling the exact same product?
          If it is a trademark, and you are doing anything covered by their trademark, they can and probably will take your domain. They can also sue you for damages.

          Talk to a domain lawyer before spending a lot of money on the domain. What you think is "generic" might not be.
          Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

          Comment

          • Kamilla36D
            Confirmed User
            • Jan 2002
            • 605

            #6
            I don't know how much you're paying for that domain but it sounds like you could use the advice of an attorney - would be a good investment before putting the time and money only to loose it...

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            • mkx
              Confirmed User
              • Nov 2003
              • 4001

              #7
              Its is very generic. It is a dictionary word. Not something like glassfactory.com or cellworld but something like computers.com or cardboardboxes.com The situation would be another company owning the cardboard-boxes.net domain and I will be purchasing the generic cardboardboxes.com domain. It is definately generic.

              Comment

              • mkx
                Confirmed User
                • Nov 2003
                • 4001

                #8
                I like to eat eskimos

                Comment

                • Mr.Fiction
                  Confirmed User
                  • Feb 2002
                  • 9484

                  #9
                  Originally posted by raulph
                  Its is very generic. It is a dictionary word. Not something like glassfactory.com or cellworld but something like computers.com or cardboardboxes.com The situation would be another company owning the cardboard-boxes.net domain and I will be purchasing the generic cardboardboxes.com domain. It is definately generic.
                  Didn't you say they have a trademark?

                  Give an example of what their domain is and what business their trademark is for.

                  Is their trademark on the domain cardboardboxes.com and their trademark is for selling cardboard boxes?

                  If they got a trademark, then the government doesn't think their company name is generic.
                  Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                  Comment

                  • mkx
                    Confirmed User
                    • Nov 2003
                    • 4001

                    #10
                    Ok lets use cardboardboxes.com as an example

                    I want to buy www.cardboardboxes.com for $50,000 and sell Carboard Solutions (cardboard box manufacture) full line of cardboardboxes on this website.

                    However, I will be competing with www.carboard-boxes.net who is also selling Cardboard Solutions full line of cardboard boxes.

                    Questions
                    1) If cardboard-boxes.net has a trademark am I screwed?
                    2) If cardboard-boxes.net doesn't have a trademark but have a corporation registered under the name doing business internationally am I screwed?
                    3) If cardboard-boxes.net has no trademark and I trademark www.cardboardboxes.com right now are they screwed?

                    Any help or answers to these three questions would be appreciated.

                    Comment

                    • bdld
                      $100,000
                      • Dec 2001
                      • 11452

                      #11
                      you should consult with an attorney to get a for-sure answer.. gfy attorneys are free but only 1/4th of the stuff you hear here is the truth

                      Comment

                      • mkx
                        Confirmed User
                        • Nov 2003
                        • 4001

                        #12
                        I think it's a good question to be address to the public for opinions first. I mean can www.sex.net sue www.sex.com if sex.net was trademarked first? Thats how generic I am talking about
                        Last edited by mkx; 03-11-2004, 10:22 PM.

                        Comment

                        • Mr.Fiction
                          Confirmed User
                          • Feb 2002
                          • 9484

                          #13
                          Originally posted by raulph
                          I think it's a good question to be address to the public for opinions first. I mean can www.sex.net sue www.sex.com if sex.net was trademarked first? Thats how generic I am talking about
                          Talk to a lawyer who specializes in domains or IP. You can get an answer for $500 from someone well known, and have some peace of mind for your $50,000 investment.
                          Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                          Comment

                          • Mr. Marks
                            Confirmed User
                            • Jun 2001
                            • 7517

                            #14
                            Try to Talk to a domain lawyer before spending a lot of money on the domain

                            Comment

                            • mkx
                              Confirmed User
                              • Nov 2003
                              • 4001

                              #15
                              so no advise before I get advise from a lawyer?

                              Comment

                              • pimplink
                                Confirmed User
                                • Jun 2001
                                • 9535

                                #16
                                I think you have to get the advise from
                                the lawyer.

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                                • johnbosh
                                  Confirmed User
                                  • Aug 2002
                                  • 8965

                                  #17
                                  Originally posted by pimplink
                                  I think you have to get the advise from
                                  the lawyer.

                                  Comment

                                  • tgpmakers
                                    Confirmed User
                                    • Feb 2004
                                    • 575

                                    #18
                                    For domain legal issues check out http://www.dnforum.com they have legal experts and plenty of free advice.
                                    http://www.tgpmakers.com/

                                    Comment

                                    • mkx
                                      Confirmed User
                                      • Nov 2003
                                      • 4001

                                      #19
                                      so no advise before I get advise from a lawyer?

                                      Comment

                                      • mkx
                                        Confirmed User
                                        • Nov 2003
                                        • 4001

                                        #20
                                        sorry for the repost, my computer is messing up. i will check out that site. thanks

                                        Comment

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