internet domian name question

[marino68]

im the owner of tattooboy.net there is a tattooboy.com. can the owners of tattooboy.com stop me from conducting bizzness in any way copyrighting the name tattooboy? and even if the name tattooboy has been copyrighted cant i claim im tattooboy.net there for im not infringing on any copyrights? or wont i have a leg to stand on,is there a way around all this if "I" dont claim and copyrights to the name?????

thanx
frankie

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frankie marino

 

[Tracey]

They can't copyright "tatooboy" - basically, it's too short. However, they can try to trademark it.

My gut reaction is that they won't have much luck claiming that you are infringing their trademark.

1) Domain names being what they are, if .com wanted all permutations of tatooboy, they should have paid the registration fees to purchase .com, .net, and .org

2) You started using .net internationally (on the web) before they trademarked .com (or started using it?). Therefore, your use of .net is grandfathered into their trademark of tatooboy or tatooboy.com.


Buying a trademark is cheaper than defending a lawsuit. File a TM application for tatooboy.net. If they file a subsequent TM application on tatooboy, they will get the TM with an exception carved out for .net.

OTOH, domain name law in the US is a royal mess, so who knows HOW the courts will come down on this one!!


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.