Quote:
Originally Posted by Mutt
question 1) if a site owner doesn't trademark his site's name can he come after you if you register and run a site with a similar name? example - if GFY.com hasn't been trademarked can I legally register and run a site named GFYChat.com?
|
Yes, as a "common law" mark ... but will have limited recourse in regards to protecting it compared to a federally registered mark.
Quote:
Originally Posted by Mutt
question 2) if somebody HAS trademarked their domain name but abandons the trademark can you register the abandoned trademark and go after the person/company who abandoned the trademark?
|
Such statuses as "canceled", "expired", "abandoned", etc refer to the registration NOT the actual mark itself...
One can NOT rely on such statuses alone in determining whether a mark is still in force or not; in use somewhere in commerce as a common law mark and/or registered in one or more states (yes, many, if not all?, have their own TM registries), in other countries, etc.
On a related note, it's sometimes possible for an "abandoned" mark to be "revived" at some later date; statuses that appear absolute are not. TM law is among the most arcane there is.
With all that said, if you see a domain that is generic in nature that you like and is available, registering it may work ok fine - just because a TM(s) exists anywhere doesn't preclude one from legitimately registering the domain...
Owning a mark for something does NOT automatically give that TM owner rights to the similar-looking domain...
And conversely, a domain owner, despite the existance of similar registered and/or common law mark(s) STILL MAY have legitimate rights to register / keep / utlilize the domain to some degree, if not completely.
Hope this helps.
Ron