Ok, anybody know trademark laws?
 

This is completely non-adult-site related.

I helped a friend of mine start a game site in June of 2000 for Neverwinter Nights (yet to be released). We made a good name, but it was a bit long, so he only registered an abbreviated version for the domain. But the site is linked everywhere, and has been around since June, 2000.

Some site came out today with the exact same name, but using the full title in the domain. I decided to bluff the guy and say he was infringing on a trademarked name (my next step was going to be a cease and desist letter)... but he checked the trademark database, which the name isn't in.

So, aren't there some laws that give you automatic trademark and copyright protection once you have a product released to the public? I'd ask our lawyer to help out, but this is a site that doesn't make money, and therefore, I don't want to spend money except as a last resort. My friend who runs the site has put a lot of work into it over the last couple years, and I hate to see this happen.

Copyright is inherent. Trademark is not.

I'm not an expert, but I think there is a fair chance you could win the domain in court or through WIPO based on your prior commercial use. It would have been much easier if you would have filed for the trademark.

However, even if you could win, it would cost you some money. Depending on your lawyer(s) and how far you would have to go, I would say at the very least $6k if you could get it back through WIPO, a lot more if you have to go to court. Your best bet right now would probably be to try to buy the domain from the guy. If you can buy it for $2500 or even $5000, while his site is still new and not worth much, then you might be saving yourself a lot of money and a lot of trouble.

On the other hand, sometimes it's worth suing because you know you are right and they are fucking with you. Your call.

Apply for the trademark online RIGHT NOW at http://www.uspto.gov/ if you haven't already. We are involved in a very large trademark case and the person who legally owns the trademark holds 99% of the cards.

This page should answer some of your questions:
http://www.icann.org/dndr/udrp/policy.htm

You registered a site by a name that is different than what the other guy registered.. and perhaps not even close.. in which case you don't have a case because you have no legal claim to the name.
If however, you can trademark the full name before he does (which HE may be doing as we speak, after your contact with him), then you can do something.
Using the name prior to someone else probably won't hold much water insofar as who has legal rights to use it..

As said previously.. get your butt in gear and get it trademarked asap and hope this guy doesn't beat ya to it..

For anyone that doesn't already know this, and I'm sure most people on this board do, it is cheap and easy to file for your own U.S. trademark online.

It costs $325 per trademark and you can fill out the form online at the government website in about 10 minutes and pay by credit card. They also have all kinds of online help if you need it.

Here is the link:
http://www.uspto.gov/teas/eTEASforms.htm


Think of it as very cheap insurance.

I really appreciate the advice. It's been helpful. I still wish my bluff had done the trick. :) It was a damn well-worded bluff, too.

I'm working on a trademark now. Wish me luck.