Thanks both for your appraisals.
@njsurfer Could you elaborate more about why I might not get the responses I desire from different companies? What kind of responses do you think I'll get? Also what do you mean by 'the companies have LLCs and copyrights' and how would these factor in?
Also, if there are more companies with that name, it means no one company has a dominant position which would entitle it to a universal trademark of that name. Actually a shorter (exact) domain would be the way for them to distinguish themselves from the pack. eg., companies with domains like 'TechnovaConsulting', 'TechnovaGroup', etc. might want to buy the name?
(Asking that for the sake of knowledge. I'm actually thinking of setting up my own web coding company called TechNova and putting up it's website on the domain, though nothing concrete yet.)
What I was getting at was that there are already more then a few established companies out there with the name Tech Nova that they have copyrighted "for their business".
I was simply making a reference that if you reached out to them in an attempt to sell the name, they may take it as a bad faith reg. Instead of a counter offer, you may receive a letter from a lawyer. I only say this because you just registered the name, so saying it was regged before the companies existed wouldn't fly.
And the difference between the companies using the same name is that are in different industries so there would be no comp. Same industry or products would most likey be a problem.
Now using it for you own website would be great, as long as there is not another Tech Nova doing the same thing your looking to do.
I just saying it's not worth the potential headache down the road, if you happen to step in that pile of crap. :imho:
As far as I know you can't copyright a company name. So I'm not sure what you are referring to.
If you are talking about trademark then that is another issue. But I'm assuming trademark only comes into the picture if it has been registered. I don't know how common law trademark rights (unregistered trademarks) would affect domain names.
Hypothetically, if someone with a domain name tries to sell to a company or a number of companies who have do not have a registered trademark on the name, can it be considered as bad faith?
Anyway, like I said, I'm thinking of setting up my own company on the site, and I'll keep in mind what you have said in that context.
A copyright is in essence a form of a trademark, or patent. Copyright has more to do with the idea or concept of something. But it still plays a role when it comes to the whole "bad faith" concept, or trademark issues.
Im not saying you would have an issue at all, Im just relating that in my opinion it wouldn't worth the hassle or fight if someone got pissed off.
Here is a good example:
This quote it taken right from the legal disclaimer page of what I would call a nice end-user for this name. "TechNovaWorld.com"
<COPYRIGHT AND TRADEMARK NOTICES>
All web site design, contents and particulars thereof are the sole and exclusive properties of TechNova and /or its group companies or business associates, ALL RIGHTS RESERVED. No right to copy or otherwise use the same, save and except for the sole purpose of placing an order with TechNova is conferred upon you by way of permission to use this site. All other uses without prior written permission of TechNova is prohibited. Similarly, TechnovaWorld and all TechNova products mentioned herein are the Trade Mark properties of TechNova. TechNova and its group companies alone have the exclusive right to use these Trade Marks either by virtue of their registration or by virtue of their prior usage.
As I understand it, copyright is for content and trademark is for brand / name / logo. eg. if I copy the content from the website of a company, even if my company has a different name, I would be infringing copyright but not trademark. On the other hand, if my company has the same name as another company in the same field, but my website has different content, I would be infringing trademark but not copyright.
I'm not sure copyright has anything to do at all with domain names, because copyright relates to the content on the website, not the website name.
The part about TechnovaWorld.com is because the company does seem to have a registered trademark on the name Technova, but in the class of imaging solutions related to the photography industry.
My hypothetical question is: there are many other companies by the name Technova and they can exist without any problems as long as they do not enter the imaging solutions industry (where TechnovaWorld.com have a trademark). Companies whose websites do not have a 'Copyrights and Trademarks' notice. Now if someone were to approach these multiple companies with a domain of the same name, .org or .co or .info, can s/he be liable for a bad faith claim by these other companies?
In todays day and age, any business or company can construe anything as being in "bad faith". It wouldn't be the first and def not the last.
The moral here is, just be careful with regging names like this and just always be prepared for possible bullshi* from your inquires.
You may be in the right when getting into all the legal and trademark details, but would you be willing to follow through with legal action if a company challeged you? :imho: