Another trademark question

[slapman]

If I have a .com of something that is 'not trademarked' is it ok to own? I have a feeling this .com i have is about to be a trademark term. what do i do? It isnt trademarked as of now..

 

[raredn.com]

I know this is supposed be 'smart alec' question, but if you put content that is completely unrelated to the trademark you should be fine, if it is similar content as the trademark when the trademark comes out then change the content to something completely different. if you ever went to court they could see you had the domain first, try to keep the keywords in your domain name as generic as possible should help too. Also you can trademark your own domain name if you wish

 

[slapman]

thx just double checking

 

[fonzie_007]

In the future, you should post your questions in the legal area of the forum and you will have a better chance to receive helpful responses. (although this comment is not meant to imply raredn.com's comment was not helpful)

 

[jberryhill]

Two things.

1. Can we come up with more interesting thread titles?

and

2. Can you explain what you mean by 'not trademarked'

 

[flamewalker]

I would assume he means there is no registered trademark, as that is what I used to say/think when I was a newbie to the legal section and domain/trademark law.

However, for the op, if they don't have a registered trademark yet, doesn't mean they can't claim rights already if they have been using the phrase in commerce. Usage will play a major role in any UDRP proceeding, so if they have been in the business longer than you under the same name, I would recommend you make sure your use is different (and if its parked, make sure it doesn't display ads for them or competitive products).

If they just started using the phrase the same as you, after you have established use for the same purpose, you will want to watch their TM filing status and possibly consider opposing the mark during the challenge period, as they may be trying to reverse hijack your domain. Of coarse, consult with an attorney before considering any kind of filing.

Hope this helps!
-flame