Expired Domain

[BizMan]

Expired Domain - Abondoned Product

What is the name of your state? Michigan

I just registered an expired domain. It is the same name as a product that was distributed by a company that appears to be out of business now since they let their domain expire and I can't find any contact information about the company at all.

I am wondering if I make a similar product with the same name if I would be doing anything to infringe on any TM's or intellectual properties?
(Assuming the originating company is indeed out of business)

The name is not a registered TM but I am aware that first use in commerce gives that company rights to the name. But what if the company is out of business?

Of course I will be having my attorney investigate this, next week, but just wanted to get some thoughts here as well.

Thanks

 

[divgradcurl]

What is the name of your state? Michigan

I just registered an expired domain. It is the same name as a product that was distributed by a company that appears to be out of business now since they let their domain expire and I can't find any contact information about the company at all.

I am wondering if I make a similar product with the same name if I would be doing anything to infringe on any TM's or intellectual properties?
(Assuming the originating company is indeed out of business)

The name is not a registered TM but I am aware that first use in commerce gives that company rights to the name. But what if the company is out of business?

Of course I will be having my attorney investigate this, next week, but just wanted to get some thoughts here as well.

Thanks

If the previous company is indeed completely defunct, and nobody pruchased the dead company's intellectual property or goodwill, then the trademark may have expired through lack of use. If the trademark is expired, you, or anyone else, are basically free to try and develop the mark as your own trademark.

 

[BelizeBreeze]

And of course you did a search on the Michigan Secretary of State's website for the current status of the business right?

 

[BizMan]

And of course you did a search on the Michigan Secretary of State's website for the current status of the business right?

Actually the other company was located in NY. I did a search on the NY state site and couldn't find their business name at all... Not sure if it should be in there even after a business is dissolved. Maybe they didn't register the business name they were using... who knows.

One would think that if the company really wanted the name they wouldn't let the domain go to someone else... twice. I been looking over the archive.org site and it appears that this domain went through a couple of owners the past 2 years, each one doing nothing with it.