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Trademark- my name is being used on the internet. what can I do?

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energenx

Guest
I have a trademarked Company name. Does this mean I also have the rights to the .com .net. or dot whatever? What would I have to do make them aware that they are using my Trademarked name without my permission?
I would like to create a website for my Company with the .com behind it.

What shoud I do?

Thanks in advance.
Ray
 


ALawyer

Senior Member
There are several approaches that you can use, including filing of an arbitration proceeding under ICANN rules or suing in Federal court.

Of course the fact that YOU claim to have a Trademark may not preclude others from having the exact same trademark in a different class. What makes sense depends on the nature and scope of the trademark you own, when it was issued, when and where it is registered.
 

racer72

Senior Member
A few things to consider. There are 64 companies that have trademarked the name ACME. They range from medical supplies to poultry processing to a mom and pop plumbing outfit. And who has the acme.com name? A small software company.
Ever go to McDonalds.com? Up to a few years ago you would have been taken to a foreign car parts site. McDonalds Foreign Car Parts bought the .com name before the hamburger giant could. McDonalds sued many times and lost everytime. The funny part about this is that the car parts store owner offered to sell the .com name to McDonalds in 1995 for $5000 but they said no. When they finally did buy the name in 1998, it cost McDonalds over $2 million.
Just because you have a trademarked name does not give you automatic rights to an internet name. The person that owns the .com name may have just as much legal right to the name as you do. For more info, http://www.icann.org/udrp/udrp.htm
 

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