DOMAIN USE

[quincy]

The original question was: can someone create a website with the domain/ url address "anthonystreats.com"

If the domain existed before, he for sure can use the domain in other areas and OP has no rights to the domain.

There is no "for sure" here. There are no trademark rights gained by having a domain name. The rights come from use of a trademark in commerce.

If there is an existing "anthonytreats" trademark belonging to one person and an existing "anthonytreats" domain name belonging to someone else, there can be peaceful coexistence if there is no conflict with goods/services and no consumer confusion (or likelihood of confusion). But, if the trademark holder finds that consumer confusion is generated by the domain name or the value of his trademark is diluted by the use of his name, the trademark holder potentially can wrest from the domain holder the domain name.

If you are saying there can be two trademarks that are the same, however, then that is true. There are two Dove's, two Apple's, several ABC's ... the list goes on. There potentially can be more than one "anthonytreats." Trademark law centers on consumer confusion and, if consumers are not confused into thinking Dove soap is Dove ice cream, the two Dove's are not in conflict and can use the same name to identify their goods/services.

caketime spoke of "anthonytreats" as being a federally registered trademark, on the Principal Register, which means it's registration was not (or has not been) opposed/challenged and the trademark was considered distinctive. Once a registered mark is on the Principal Register for five years, the trademark holder can file for incontestibility status.

 

[FlyingRon]

There are two avenues here. The first is the domain name systems own UDRP arbitration. In order to prevail there, you have to show that the person who registered the domain did so without good faith intent to use the name. Note that just because you have a company or trademark on a name, that doesn't mean that you have global exclusivity on it. It runs a few thousand in arbitration fees plus whatever legal fees you incur (you won't recover these).

The other is to challenge the domain use as infringing on the trademark. This will be heard in a real court with real attorneys, so you'd best find one if you intend to go this route. The judge can't force the domain registrars to transfer the domain as in the UDRP case, but he can enjoin the infringer from continuing to use it (and possibly order him to give it to you).

Frankly, unless you find this is actually impacting your business, it may be best to leave it alone.

 

[quincy]

I agree that a fight over a domain name probably is not worth the time or effort or cost at this point. There does not appear to be any conflict or confusion.

If the "anthonystreats" web address starts directing Anthony's Treats consumers away from the Anthony's Treats business and to a competing business, or otherwise interferes with Anthony's Treats business and trademark rights, that would be the time to challenge the use.