Question about infringement

[VYFX]

If I were to register a domain name that, at the time of registration, did not infringe upon any copyrights, could I later be held liable if a company did file for a copyright under that name after the date of the domain creation?

For example, say I were to register 'ilikemilkingcows.com'. At the time of registration, no copyright existed for such a name. Two years later a milk company comes along named 'I Like Milking Cows'. Is it possible for them to write me a cease and decist or legal notice informing me that I am infringing upon a copyrighted name?

A similar situation has happened to me in the past where I forfeited rights to the domain name simply because I did not have court costs to pursue my case.

Thanks! :tu:

 

[majorclucker]

As long as you registered it before they registered the trademark, and you have proof of that, you're ok.

 

[DNQuest.com]

As long as you registered it before they registered the trademark, and you have proof of that, you're ok.

Hate to tell you this, but a TM DOES NOT have to be registered to be protected.

 

[labrocca]

DNQ is correct. TM reg date is a factor but if the TM holder can show usage before you....he can still win. The issue then become damages. A good lawyer should keep you out of big trouble if you can claim that the mark was not well known at the time and you were not aware when you registered the name. A problem can arise though if you were familiar with the mark at time of domain registration. Whether it was a reg'ed TM or not doesn't matter.

 

[MyPGP]

Trademarks and Patents suck. Why? Because they can be argued.

 

[psalzmann]

Two years later a milk company comes along named 'I Like Milking Cows'. Is it possible for them to write me a cease and decist or legal notice informing me that I am infringing upon a copyrighted name?

Of course it is and of course they will (if you have not done it first). If you are so worried about something that hasn't even happened yet that usually means you are up to no good right now looking for information about what might happen in your future.

My advice to you:
Be original. Don't scam or you will get burned. And yes, this leads to a lawsuit that you may not be able to handle in the long run.

 

[MyPGP]

Good advice. Being original is way better than being a wannabe.

 

[DNQuest.com]

Trademarks and Patents suck. Why? Because they can be argued.

Spoken like a person who hasn't spent time, money or effort into something they can call their very own.

 

[MyPGP]

It's the truth. When a big company wants to hijack an idea, they call the trademark or patent in to question and try to get it omitted.

Fact of life.

Hate to tell you this, but a TM DOES NOT have to be registered to be protected.

Obviously you don't hate to tell anyone anything.

 

[DNQuest.com]

You are right, I don't hate saying things, but some things are so painfully obvious that it hurts... lol

 

[MyPGP]

It's painfully obvious that you're trying to compensate for your shortcomings. Now let's get back to the subject.

"It's the truth. When a big company wants to hijack an idea, they call the trademark or patent in to question and try to get it omitted."

Respond...

 

[DNQuest.com]

Can you show me examples of big companyies trying to omit a TM or patent?

There have been challenges (windows comes to mind), but I wil be honest, I don't keep up on that type of activity. So please enlighten me.....

 

[MyPGP]

I can show you. But what's in it for me? Anyway...

http://www.eff.org/patent/wanted/

Like I said, patents and trademarks suck because they can be argued. Now drop it.

 

[labrocca]

I can show you. But what's in it for me? Anyway...

http://www.eff.org/patent/wanted/

Like I said, patents and trademarks suck because they can be argued. Now drop it.

Why don't you drop the anarchist act. Intellectual property laws are there for a reason. Mostly to prevent guys like your from infringing whenever they want on someone elses creation.

Let me be blunt. It's painfully obvious what your shortcomings are....originality.

You seriously need an education on law and what it's for.

 

[MyPGP]

Why don't you drop the anarchist act. Intellectual property laws are there for a reason. Mostly to prevent guys like your from infringing whenever they want on someone elses creation.

Let me be blunt. (no) It's painfully obvious what your shortcomings are....originality.

You seriously need an education on law and what it's for.

Wave on...The evidence is right in front of your skull. Anyway, looks like i'm not allowed to have an "opinion" here and you're failing to provide my lack of originality.

 

[AdoptableDomains]

If I were to register a domain name that, at the time of registration, did not infringe upon any copyrights, could I later be held liable if a company did file for a copyright under that name after the date of the domain creation?

Domains generally fall under Trademark/Sevicemark law, not copyright law. You'd probably have to have a pretty long domain to violate a copyright. However, as others have said, yes there is the possibility.

1. There could be a common law trademark or unfiled but legally claimed trademark.
2. There could be a TM in another country or jurisdiction that has treaties that recognize each others TM's.
3. A larger company could outlawyer you or get an incorrect jury decision in the other persons favor.
4. You may have it first, but not have convincing evidence to prove the fact.
5. You could lose a UDRP, WIPO, or court case simply because you could not afford to defend yourself.

For example, say I were to register 'ilikemilkingcows.com'. At the time of registration, no copyright existed for such a name. Two years later a milk company comes along named 'I Like Milking Cows'. Is it possible for them to write me a cease and decist or legal notice informing me that I am infringing upon a copyrighted name?

Yes, I could write you a C&D right now. That doesn't make it true, fair, or legal. before rolling over, demand proof.

A similar situation has happened to me in the past where I forfeited rights to the domain name simply because I did not have court costs to pursue my case.

Unfortunately that can happen. If invalid, sometimes just standing your ground and demanding proof can win your case.

I had a UDRP filed against me on a three letter acronym by a large university and their high priced legal firm without warning. I filed a reply myself with my own research showing it as a generic TLA and showing other companies using the same acronym. They saw I wasn't going to roll and negotiated to buy it for I think $250. I spent some time, but no money. The owners of 4 other extensions including the .com forfeited without even filing a reply. If you think you have a valid right to it, take a stand.

 

[DNQuest.com]

From the link, it seems like it's the little guy trying to discredit a big companies patent, that is the opposite of what you are saying.....

But that has nothing to do with TM law and what we discuss here.

( I will read the site when I have some free time, there seemed to be some interesting stuff there)

Opinions are only good if you can back it up with detail or facts...

 

[bluesman]

"When a big company wants to hijack an idea, they call the trademark or patent in to question and try to get it omitted."

That's a rather confounding statement, given that my experience has always found things to be the exact opposite of that; trademarks and patents are the lifeblood of all big companies that have sought to steal and/or shut down the domain name-related sites of the little guys who registered the names first.

Often the names weaken no marks at all and are unrelated, but the big boys use their vast ownership of many marks and patents as ammo anyway. Blinded by this corporate show of power, WIPO sees the little guy as being whatever the big company calls him - usually "just another sneaky cybersquatter."