Trademark question

[nomen]

I remember reading that one cannot trademark a domain name, i.e. the TLD cannot be part of the trademark (I could remember wrong, though...).

Given that the former holds true, how do you guys see a situation where someone has a TM for, say, DynaTech, and you reg dyna.tech. In your opinion, is that violating their TM?

 

[gilescoley]

Yes, that is still infringing

I remember BMW won the name B.MW in a UDRP a while back.

Again, its comes to to usage and what your plan to do with it

 

[stevanlieberman]

What you are referring to is the fact that gtld's like .com .net .org etc are generic and will have to be disclaimed if included in a trademark application. This was because those types of gtld's rarely can have trademark significance. Clearly IBM has trademark rights to BMW and this is true whether or not you break up the word with a dot. In all cases you have to look at the word created and the goods and services associated to that word and decide on a case by case basis whether the word as a whole may have trademark significance.

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[Blueforever]

What happens if you own a name that is trademarked after you purchased it.
I own a name (2 words) that is quite established in the tech world and is only going to get more popular over the coming years, the name (1 word) got trademarked about 2 months after I purchased it. Can they drop a udrp on me?

 

[jberryhill]

Clearly IBM has trademark rights to BMW

Clearly.

 

[Haykay2005]

What happens if you own a name that is trademarked after you purchased it.
I own a name (2 words) that is quite established in the tech world and is only going to get more popular over the coming years, the name (1 word) got trademarked about 2 months after I purchased it. Can they drop a udrp on me?

I have a similar case here. I will like to know

 

[Suny01]

Excellent posts.