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?

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

not branded

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

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

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.

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...

:2 cents:

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.

I like to eat eskimos

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.

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.

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

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.

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

so no advise before I get advise from a lawyer?

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

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

so no advise before I get advise from a lawyer?

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