Domain Names Legal ????

[good_looking]

Hi Everyone,
I am new to domain name thing and don't know much about domain name's law. I just have a question. Lets say, company owns a .com domain name such as: example.com. My question is that I am legal to register the same name with that company but different TLDs such as: example.net or example.org ?
Thanks alot

 

[angisson]

well if they don't have a trade mark than sure. if they do have a trademark, than you better not

 

[good_looking]

Thanks .. ..

 

[labrocca]

Usage is an IMPORTANT part of TM law. Also generic terms like APPLE are based solely on usage while Microsoft isn't generic and easier for them to protect.

I can open a car dealership called Apple Cars and Apple Computer can't do a thing about it. And I would be within my rights to own Apple.net.

Hope that helps. Do some reading of previous posts here in this category and you will see pretty much how things work.

 

[RegisterRants]

GENERALLY, a company can not trademark a dictionary word. There are exceptions, however.

Check for trademarks here: http://www.uspto.gov/

 

[good_looking]

Thanks, Great link. I will try to find the domain name which I am going to reg. If there is not, I will go for it.
Thanks again ,labrocca and JRBHosting

 

[labrocca]

GENERALLY, a company can not trademark a dictionary word. There are exceptions, however.

http://www.uspto.gov/

You are oversimplifying that. Generally companies often DO trademark dictionary words. However it's the usage that gets tied into the mark. You can't have one without the other. So I can't just go out and TM dictionary words that aren't being used in commerce. Also terms can't be TMed if they are used in the generic sense of the word, i.e. monitor can't be TMed for a company making computer monitors but it could be used by a restaurant or bar!

 

[RegisterRants]

Right. Fair use and all that jazz :hehe:

 

[DNQuest.com]

GENERALLY, a company can not trademark a dictionary word. There are exceptions, however.

Check for trademarks here: http://www.uspto.gov/[/url Right...an Apple dealership already in exsistance :)

 

[labrocca]

Yes there are a lot of APPLE businesses mostly in NYC from it's old "Big Apple" campaign. I wonder why JRBhosting's account was closed?