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Advice on trademark domain name

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jp4512

Junior Member
I am planning to register a .com domain and start blogging. Also planning to apply for a trademark. Is it possible to take action against other blogger(s) if they register same domain name with different domain extensions like .co, .net etc. with similar content? What are my legal options during trademark pending registration in UK? Basically I don't want another domain with my trademark name with similar content.

Thanks
 


quincy

Senior Member
I am planning to register a .com domain and start blogging. Also planning to apply for a trademark. Is it possible to take action against other blogger(s) if they register same domain name with different domain extensions like .co, .net etc. with similar content? What are my legal options during trademark pending registration in UK? Basically I don't want another domain with my trademark name with similar content.

Thanks
I'm sorry, jp4512, but FreeAdvice handles U.S. law questions only. You may want to ask your questions on a U.K.-based legal forum.

There are often significant differences in the laws from country to country. In the U.S., for example, trademark rights arise through the use of a trademark in commerce, with the first user of the mark the presumed owner of the mark. In the U.S., trademarks do not have to be registered to be rights-protected. In many other countries, however, it is registration of a trademark that confers the rights in a mark and not who is the first to use the mark.

Domain names on their own do not have trademark protection. They are just a website address. There must be a product or service connected to the name in the domain name for possible rights to exist. Even with this product/service connection, a domain name must generally lead to consumer confusion before it can be seen as infringing. There are many many similar domain names that peacefully coexist on the internet.

A blog name could potentially be trademarked, but blog content would be protected under copyright laws. Under copyright laws, ideas and facts cannot be copyrighted, so you cannot prevent someone else from using your idea for a blog to create their own blog. You can prevent someone else from using your original and creative blog content.

Again, the laws are different here than they are in the U.K., so try to find a source in your area to get IP information relevant to you and your blog. Good luck.


edit: Yes. What justalayman said. :)
I can't believe it takes me so long to post - I started my post WAY before justalayman.
 
Last edited:

quincy

Senior Member
Ha. Cordial, maybe. But the "complete" is better expanded to "completely irrelevant" for jp's purpose. :D
 

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