Results 1 to 4 of 4
  1. #1

    Question: Domain Name and Trademark

    Hi, what is the usual policy if someone has a trademark on something (product)and someone is using a domain name that the trademark is under. I visited and saw some stuff there about it but it's kinda hard to find a definate answer about it.

    I have a product name that was trademarked recently.

    Someone has the domain name under the trademarked name at network solutions.

    Do I contact networks solutions or icaan regarding this matter.

    Do I need to contact the site owner but I was thinking they are really not going to care let alone have an power to do anything about it.

    Anyone have any experience with this.


  2. #2
    Join Date
    Jun 2005
    If the domain was registered before the trademark was awarded (which sounds likely in this case), then the only way you will get the domain is to buy it from the existing registrant. Do a whois lookup on the domain and send an offer to the registrant on record.

    One caveat. If you can prove you had existing trademarks in place (even by prior use, but not registered) before the domain was registered and the domain is infringing on your trademark, then you should get your domain/trademark lawyer to send them a C&D letter.
    Last edited by stub; 01-25-2007 at 02:16 AM.
    Signature Under Construction.

  3. #3
    I see, thanks for the information.

  4. #4
    Stu's post is only giving you a picture. But it's understandable because this sort of
    thing isn't exactly easy to comprehend.

    Depending on how "urgent" you're treating this, you might want to see an attorney
    who specializes in these kinds of disputes. Just google around and you'll find them.

    But I'll tell you this: if you contact the registrar about it, they're going to tell you to
    seek legal advice and won't do squat. The only time they'll do something is if they
    receive a notice for a filed action, either Court or UDRP (the latter is probably what
    you read in ICANN's site).

    The moment they receive one, they'll lock the domain name pending resolution of
    the dispute. Locking it prevents anyone from changing any aspect of its record.

    And before you contact the current registrant, try to find out a little more who you
    might be dealing with. Again, get a specialized lawyer to handle that if you have
    the money to burn.

    Good luck on making the right decision.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts