trademark name vs domain name

[lady marmalade]

What is the name of your state (only U.S. law)? Michigan

If I Trademark my business name ex: "The Sock Co.com" and another company purchases the domain name :"Sock Co.com" and of course tries to sell it to me for 200x's the price of a standard domain. Can someone purchase that name and use it for the same purpose of my business (selling socks)?

 

[quincy]

What is the name of your state (only U.S. law)? Michigan

If I Trademark my business name ex: "The Sock Co.com" and another company purchases the domain name :"Sock Co.com" and of course tries to sell it to me for 200x's the price of a standard domain. Can someone purchase that name and use it for the same purpose of my business (selling socks)?

If you are already operating a business under the name "The Sock Co.com," it could be possible for you to obtain the domain name for no cost - if you can show that the individual selling the name is a cybersquatter (someone who purchased a domain name containing a trademark for the sole purpose of selling it back to the company owning the trademark).

If someone else tries to use your trademark for their own similar business, you could send this newer company a cease and desist letter and/or file a trademark infringement suit.

Trademark rights arise through the use of the trademark in commerce (on products or services). There are no trademark rights given a domain name on its own.

 

[FlyingRon]

Well it's not quite NO cost. It will run you several thousand dollars to get a UDRP case through one of the approved arbitrators. But at least you won't be paying the squatter.

 

[quincy]

Well it's not quite NO cost. It will run you several thousand dollars to get a UDRP case through one of the approved arbitrators. But at least you won't be paying the squatter.

Good point, but I was thinking of a nice, strongly worded letter to the cybersquatter first (which, granted, may or may not work).

 

[FlyingRon]

Good point, but I was thinking of a nice, strongly worded letter to the cybersquatter first (which, granted, may or may not work).

Make sure you know now to write letters in Vietnamese. Most of these squatters are overseas.

 

[quincy]

Make sure you know now to write letters in Vietnamese. Most of these squatters are overseas.

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