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Young

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#1

Trademark Question regarding domain names.

01-03-2005, 06:31 PM

Here goes:

I have a registered DBA for a company. I fucked up by not registering the domain name. Everytime I'd think about doing it, I'd either put it off or forget.

To make a long story short I went to register it today and as of December 14th someone else registered the domain name. The guy posts at the same small business forum as I do, and jacked my name. He is using it for the same type of business, but his business name is not that of the domain name.

I know the DBA isn't really much of anything but I plan on Trademarking the name and Incorporating the business within the month. What kind of recourse legal or non do I have as far as getting this domain name without having to pay an arm and a leg?

I'd like to note that the fucker has the wrong Who IS information

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Probono

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#2

01-03-2005, 06:32 PM

Did he have the domain name before you registered the DBA? If so you are SOL, if not you can force him to relinquish the Domain.
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#3

01-03-2005, 06:34 PM

Originally posted by Young

Here goes:

I have a registered DBA for a company. I fucked up by not registering the domain name. Everytime I'd think about doing it, I'd either put it off or forget.

To make a long story short I went to register it today and as of December 14th someone else registered the domain name. The guy posts at the same small business forum as I do, and jacked my name. He is using it for the same type of business, but his business name is not that of the domain name.

I know the DBA isn't really much of anything but I plan on Trademarking the name and Incorporating the business within the month. What kind of recourse legal or non do I have as far as getting this domain name without having to pay an arm and a leg?

I'd like to note that the fucker has the wrong Who IS information

Looks like he got dibs on that name first. You should get another business name now or he may decide to take legal action against you, if the both of you are really using the same name for the same type of business.

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Young

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#4

01-03-2005, 06:36 PM

Originally posted by Probono

Did he have the domain name before you registered the DBA? If so you are SOL, if not you can force him to relinquish the Domain.

That I did. One problem though. I originally registered the company as (BLANK) FITNESS we later decided to go with (BLANK) FIT . I had registered the (BLANK)Fitness.com but put off the (BLANK)Fit.com after we renamed. So the DBA is in the (BLANK) FITNESS name. I'm sure that could present a problem.

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#5

01-03-2005, 06:37 PM

You snooze, you lose. He capitalized on your mistake. I think its best that you take SomeCreep's advice.

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Young

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#6

01-03-2005, 06:37 PM

Originally posted by Young

That I did. One problem though. I originally registered the company as (BLANK) FITNESS we later decided to go with (BLANK) FIT . I had registered the (BLANK)Fitness.com but put off the (BLANK)Fit.com after we renamed. So the DBA is in the (BLANK) FITNESS name. I'm sure that could present a problem.

Could I argue that the Fitness and Fit may cause confusion? I registered the Fitness version of the domain name more than 2 years ago...and the DBA was established 6 months ago.

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#7

01-03-2005, 06:40 PM

Originally posted by Young

Could I argue that the Fitness and Fit may cause confusion? I registered the Fitness version of the domain name more than 2 years ago...and the DBA was established 6 months ago.

If that was the case I am sure that Yahoo would be pressing down on Yehaw.com or Microsoft would be hassling Microscope.com or etc etc. I don't think it's a battle you are going to win. But that's just my 2 cents.
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#8

01-03-2005, 06:42 PM

Looks like this is a bad place to be asking.
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NickPapageorgio

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#9

01-03-2005, 06:42 PM

Originally posted by Young

Could I argue that the Fitness and Fit may cause confusion? I registered the Fitness version of the domain name more than 2 years ago...and the DBA was established 6 months ago.

They would probably also argue the fact that you chose his domain only. You didn't bother with fitting.com or fits.com or fitswell.com or fittings.com or fitters.com

You see what I mean?
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#10

01-03-2005, 06:42 PM

Originally posted by Gator

Looks like this is a bad place to be asking.

Agreed. Legal advice is always best served in a legal office.
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Young

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#11

01-03-2005, 06:43 PM

Originally posted by NickPapageorgio

If that was the case I am sure that Yahoo would be pressing down on Yehaw.com or Microsoft would be hassling Microscope.com or etc etc. I don't think it's a battle you are going to win. But that's just my 2 cents.

But we are both offering the same services. Unlike those other two. Micsoft.com selling software would be a completely different story. Or maybe a Yaho.com search engine. Fitness and Fit would cause confusion for my visitors.

Oh well. Looks like I may have to give this guy an offer if all else feels. I'd hate to piss him off by trying to take the domain name first. So I guess I'll ask him to give me an offer.

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SuckOnThis

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#12

01-03-2005, 06:43 PM

Originally posted by Young

Could I argue that the Fitness and Fit may cause confusion? I registered the Fitness version of the domain name more than 2 years ago...and the DBA was established 6 months ago.

Whatever you registered as a DBA doesnt mean shit, unless you have it trademarked there's not a damn thing you can do.
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#13

01-03-2005, 06:43 PM

Originally posted by NickPapageorgio

Agreed. Legal advice is always best served in a legal office.

Will do. Thanks all.

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#14

01-03-2005, 06:44 PM

Originally posted by Young

But we are both offering the same services. Unlike those other two. Micsoft.com selling software would be a completely different story. Or maybe a Yaho.com search engine. Fitness and Fit would cause confusion for my visitors.

Oh well. Looks like I may have to give this guy an offer if all else feels. I'd hate to piss him off by trying to take the domain name first. So I guess I'll ask him to give me an offer.

Well I mean, don't take my advice man. I am just a lowly designer for gods sake lol. You may have a case for all I know. I am just stating what makes sense to me personally. I would contact a lawyer before you do anything.
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#15

01-03-2005, 06:46 PM

Damn man that was a snake thing too do i think that if you can prove that you are on the same business forum and that he stole your idea that might get you a little nudge because he did steal your idea...

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SuckOnThis

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#16

01-03-2005, 06:48 PM

BTW, whatever happened to that 15 year old you had the hots for?
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Young

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#17

01-03-2005, 06:51 PM

Originally posted by SuckOnThis

BTW, whatever happened to that 15 year old you had the hots for?

16. And why...? Do you want to toss out that word again? Didn't we all learn from the whole sleazy choker mess?

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#18

01-03-2005, 06:53 PM

I was in a similar situation about a year ago, I consulted my lawyer, there are only a couple ways you can take legal action against him.

A) He uses the domain to provide the same service/product that you're company provides , thus capilizing off of your business

B) You had a trademark on the name, prior to him registering it

C) You can prove that his use of the domain is effecting your company. (ie, customer complains, BBB reports)

Other then that, your SOL.. i would go with a new company name if i were you.
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#19

01-03-2005, 06:56 PM

Originally posted by Young

16. And why...? Do you want to toss out that word again? Didn't we all learn from the whole sleazy choker mess?

If its the word I'm thinking of I never used it. I just was curious what you did with it.
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Young

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#20

01-03-2005, 06:58 PM

Originally posted by GeXus

I was in a similar situation about a year ago, I consulted my lawyer, there are only a couple ways you can take legal action against him.

A) He uses the domain to provide the same service/product that you're company provides , thus capilizing off of your business

B) You had a trademark on the name, prior to him registering it

C) You can prove that his use of the domain is effecting your company. (ie, customer complains, BBB reports)

Other then that, your SOL.. i would go with a new company name if i were you.

Thanks. I didn't have a trademark prior so it looks like im SOL. I'm going to make him an offer. The name has nothing really to do with his company so I don't see why he would not be open to it.

If he says No then we are going to have to go back to the (BLANK)FITNESS version of the name. We will still use the (BLANK)FIT as short form on advertisments along with the (BLANK)FITNESS.COM name.

Thanks for the answers.

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#21

01-03-2005, 07:00 PM

Originally posted by SuckOnThis

If its the word I'm thinking of I never used it. I just was curious what you did with it.

If your truly curious and not just trying to flame...took everyones advice.

Does someone want to give me their Email address and possibly put a price on this domain name? Or should ask him for a price.

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#22

01-03-2005, 07:04 PM

IMO they registered it in bad faith. I would consult a lawyer who handles domain disputes.
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#23

01-03-2005, 07:05 PM

trademark it and sue him
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Young

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#24

01-03-2005, 07:07 PM

Originally posted by Gator

IMO they registered it in bad faith. I would consult a lawyer who handles domain disputes.

I'll make him an offer first. To me the difference between Fit and Fitness would be percieved as bad faith, especially when the same services are being offered. Sending him an e-mail to attempt to come to a reasonable solution, then consulting a lawyer.

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#25

01-03-2005, 07:18 PM

I hate to say it, but you snooze you lose.
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