• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

domain name / trademark / right of first use

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I

icustuds

Guest
What is the name of your state? California

Hi,

I have been offered to acquire a domain name from its current owner who des not plan to use it anymore. This domain name describe my business in a perfect way, nevertheless it's very close to one of my competitor domain names. Exemple are fake, but similarity are exactly the same:

I want to acquire something.com.
My competitor own some-thing.com.
Neither something, some-thing or any domain name versions of them are registered as a trademark.
The actual "something" is an expression used in current language, and is not original.

The question is: can I acquire and use this domain name, or the fact that my competitor has a similar one in use may constitute a right of "first use" (one more time, no trademark registered).

Thanks in advance for your advice.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top