What kind of TM is this?

[sids70]

I am observing various threads here and other forums.

One thing I noticed that if there is a strong website eg. example.com successfully running, they do not register all extension available, but in some future date someone (like us) register example.net, example.info, example.us and develop it, they come with TM violation. Now remember I am not talking about classic trademarks but just based on the fact that their site was built first and is hugely popular and it seems that decisions go into their favor?

Is this considered normal in free market economy? Technically by having one website for many years you are claiming ownership of all future extensions without even registering it.

Recently somebody posted about myflorida which I think he is still debating.

My question here is if I register Taj.im or Taj.in today, but Taj.com is a successful website without any trademark, can they claim ownership based on being first there?

Your input will be greatly appreciated.

 

[Acroplex]

They can claim a common law mark, based on established use in commerce - even if it is not a registered mark. Some further reading at Common Law Trademark Rights (BitLaw)

 

[sids70]

@Acroplex

Very interesting read and does make sense to some extent. But then there has to be a time frame within which a company if really concerned about its trademark should register domains in other tlds, ccttlds. Right now it seems that they sit on their ass and act only when competing site has potential to earn money or getting really big.

Something needs to be changed - particularly when name is very generic.

Imagine if I register newyork.in or newyork.net but owner of newyork.com can claim those domains just based on the fact that newyork.com is very popular and use of newyork.in or .net would remind people of newyork.com

Just does not make sense.

Usually laws are based on strong intelectual discussions, convictions and foundations but this one does not make much sense particularly when it comes to domains.

 

[Acroplex]

There is no simple answer to your logical question, unfortunately. There are do's and dont's and a methodology to avoid such trademark traps but no single rule that covers every possible circumstance

 

[drfostes]

well i thought who ever pay money is the owner of the domain.
if the company which have the name tradmark ...

then it should register all of its domains, so no one can buy a domain in their names.

the world is big , some buy knowingly and some unknowingly how to avoid this. and this thing should be checked by domain registrar who are registerin domains, its their responsiblity to not register a domain which voilates trademark terms.