Legaljobs.com vs. Legal-jobs.com

[Blastoff]

Here is the scenario…

1) Legal-jobs.com started a job board which allows legal firms to post job ads for a fee.

2) Later Legaljobs.com starts a job board which allows legal firms to post job ads for a fee.

Does Legal-jobs.com have a legitimate claim of use over legaljobs.com? Would legal-jobs.com be in a position to send a Cease & Desist letter?

Please note: I am fully aware this is just an open discussion and not legal advice, so please feel free to give me your full opinion. For augments sake, I used Fictitious domains in this description.

Thank you,
Blastoff

 

[evertonian7uk]

its a tricky one IMO there both generic terms however there both in the same field,

in order to send a C&D letter, someone is going to need a TM, its like namepros, there are lots of other forums out there doing the same thing, the only difference in your case is the domain names are confusingly similair, but you'll need a TM to tackle this.

 

[tricolorro]

its a tricky one IMO there both generic terms however there both in the same field,

in order to send a C&D letter, someone is going to need a TM, its like namepros, there are lots of other forums out there doing the same thing, the only difference in your case is the domain names are confusingly similair, but you'll need a TM to tackle this.

:hi:

It doesn't have to be a Registered trademark.

You can claim a trademark thru usage.

If you can show that you are known by that mark and have advertised using that mark, you might have a good case to make the TM claim.

Of course, a Registered mark is best.

Patrick

 

[Ronald Regging]

I think the term is completely descriptive for the services being offered on the site. Therefore it is unlikely that any exclusivity would be granted.

 

[jondoe0069]

I don't think they (you) have a claim at all. Athletic-Shoes.com wouldn't have a right to AthleticShoes.com just because they developed their site first.

This is just an example of why names without hyphens are so much more valuable.

 

[evertonian7uk]

It doesn't have to be a Registered trademark.

You can claim a trademark thru usage.

i was thinking that because the names are so generic even usage would be hard to get as its very descriptive, if you had a TM for the name / site though, that would be very different.

 

[marimo]

I am not an expert in trademark law, but if somebody registers a trademark straight from the dictionary (they should be denied registration IMHO), can they still win claims of the usage of that trademark. Legal Jobs is generic name made up of names straight from the English vocabulary, can't you still refuse with the name!!!

 

[liquidcherry]

I think the term is completely descriptive for the services being offered on the site. Therefore it is unlikely that any exclusivity would be granted.

Hi Herb, remember http://www.namepros.com/legal-issue...rademark-bully.html?highlight=florida-weekly?

Of course there are some other angles of the story there but looking at the names......

But it would be interesting to know about this....e.g you are starting something on a hyphen domain because there is nothing(or parked) on the nonhyphen domain and later the owner of the nonhyphen domain sees an opportunity and copies the concept...


Cheers,

Frank

 

[tricolorro]

i was thinking that because the names are so generic even usage would be hard to get as its very descriptive, if you had a TM for the name / site though, that would be very different.

:hi:

Of course you are right except even pure generic domains are
not a guarantee someone won't covet it and try to take it either
by arbitration or court order.


Some recent generic domain cases:

Pig.com
Zero.us
Zero.org
Sallie.com
Kiwi.com
Elders.net
Noble.com
Image.biz
Shoes.biz
Target.org
Post.com
CarSales.com
Landmarks.com
Geometric.com
Heathrow.com
Barcelona.com
Mexico.com
PuertoRico.com
NewZealand.com
Crew.com
LoveThyNeighbor.net
Sweeps.com

Beware Covetous Latecomers and Trademark Overreach!.

Patrick

 

[Ronald Regging]

Hi Herb, remember http://www.namepros.com/legal-issue...rademark-bully.html?highlight=florida-weekly?

That's a very good example. Just goes to show what tricolorro said... Anyone with enough money can take anything, or at least try