Domain name and Trademark discussion...

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  • Wraith
    Registered User
    • Jun 2003
    • 21
    #1

    Domain name and Trademark discussion...

    Let's say Person 1,
    owns a domain name such as COOKINGRECIPE.COM.

    Later on, Person 2,
    buys the domain COOKINGRECIPES.com

    Later, Person 1 registers the Trademark "Cooking Recipe".

    If Person 1 sues Person 2 for domain COOKINGRECIPES.com, would they win in court?
    Tags: None
    • Wraith
      Registered User
      • Jun 2003
      • 21
      #2
      Anyone?

        Comment

        • Wraith
          Registered User
          • Jun 2003
          • 21
          #3
          Bump

            Comment

            • garett
              Confirmed User
              • Mar 2004
              • 683
              #4
              IANAL but it's my understanding that if the two sites in question are similar then the guy with the trademark would win. However, he would be entirely reponsible for defending the trademark. There is nothing illegal about trademark infringement.. but if the guy decides to sue you that's his right. The courts just won't automatically protect it like they do copyright.

              In other words.. if he knows that you have the site which infringes on his trademark .. and he doesn't do anything about it .. and then sometime down the road he decides to sue .. if you can prove he knew you were infringing a year earlier then he's screwed because he decided not to defend it then.

              That's my understanding of the law anyway .. I could be wrong.

                Comment

                • polish_aristocrat
                  Too lazy to set a custom title
                  • Jul 2002
                  • 40377
                  #5
                  I doubt it is possible.
                  In that case KRl would trademark men.com ( he probably will anyway ) and then take away man.com from the original owners.

                  IMO fortunately it can't be done.
                  I don't use ICQ anymore.

                    Comment

                    • Wraith
                      Registered User
                      • Jun 2003
                      • 21
                      #6
                      This intrigues me, it seems as though, a registered trademark only applies to the domain EXACTLY as it appears in the mark.

                      So, one would assume that if Person 1 registered "COOKING RECIPE (tm)" and Person 2 registered "COOKING RECIPES (tm)", it would be a draw, no?

                        Comment

                        • KRL
                          Entrepreneur
                          • Oct 2002
                          • 31429
                          #7
                          Originally posted by polish_aristocrat
                          I doubt it is possible.
                          In that case KRl would trademark men.com ( he probably will anyway ) and then take away man.com from the original owners.

                          IMO fortunately it can't be done.
                          Already done.
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                            Comment

                            • pornoshare
                              Confirmed User
                              • Dec 2003
                              • 237
                              #8
                              It depends on a number of circumstances. The major one being whether or not there will be a confusion between the trademarked names. If you both run similar businesses then the trademark holder will win in court 9 times out of 10, according to WIPO.

                              Even a name that is phonetically similar to a trademarked name can be found as a breach of trademark regardless of the spelling.

                              I use to work for a financial services site called Doctorstox and we recieved numerous letters from the Nasdaq Stoxx in relation to copyright breaches. As we were in the same industry they peceived us as a threat and we decided that it was probably best not to fuck with them.

                                Comment

                                • swami
                                  Confirmed User
                                  • Aug 2003
                                  • 1989
                                  #9
                                  The guy ownibg cookingrecipes has nothing to worry about as this is a generic word so it doesn't matter how many trademarks the other guy has.Also having the domain before a trademark is registed is also protection.

                                    Comment

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