Do I have the right to my company's .org/.net domains?

[MaxS]

Hello,

If I have a registered LLC, and work under a .com domain, do I have the right to the .net/.org domain names?

For example: Let's say the name is MaxS, LLC and I registered MaxS.com years ago. After I registered MaxS.com, someone registered the .net/.org.

Legally speaking, what can I do?

[This is more-or-less a hypothetical situation.]

 

[Dave_Z]

Many people believe they have a right to something. It's just a matter of how
they're going to demonstrate that right.

Legally speaking, you can sue for trademark infringement or file a dispute via
the Uniform Dispute Resolution Policy (UDRP). Whether you shall win or not will
be for the mediating party to decide.

If you're opting to dispute the registrant's holding of the domain name, then
seek legal advice.

 

[labrocca]

Usage is very important. Does the .net/.org use the maxs domain in the same fashion as you? Were you first? Do they in any way infringe on a trademark of yours? Do they display ads within your category?

Maxs.com appears to be a beer place.
Maxs.net is parked and displaying generic ads.
maxs.org is parked and displaying ads of a sexual nature.

The .net you might win an a UDRP. The org I am doubtful but in both cases this assume that if you begin a UDRP they bother to respond. You can also attempt a C&D to the .net as some of their ads displayed infringe on your usage.

Also the .us you should send a C&D to asap..they have the domain being used in a manner I would consider infringement.

Goodluck.

 

[DNQuest.com]

To directly answer your question:

Yes- You have the right to the names

and

No - You do not have exclusive rights to the name

Domain names are for hte first person that registeres them. To obtain the names, you have to fight for it and then you need to make a panel agree with your arguements. Usage does play an important part in disputes. Just becuase you have a TM does not mean you will win 100%. So basically, can you satisfy the 3 elements of a UDRP?

 

[DotWeekly]

This interested me a bit.

The thread starter stated that he has an LLC, but that does not have anything to do with a Copyright or a Trademark, or does the LLC work in the same fashion? I wouldn't think so....

 

[enlytend]

I've read several UDRP decisions based on "common law" trademark (? not sure that's the correct term) - where there's an established business with that name and the domain owner is apparently trying to make money off that specific business or tarnish their name ...

I'm not a lawyer, but I'd guess that like other UDRP's, the outcome probably depends on how clear-cut the infringement is. Having a very unique name would probably strengthen the business owner's case.