Legal Question in Technology Law in California
Another company using your name
If a company has filed a ficticious name with the State and had been conducting business with that name for a period of time, can another company use that as their domain name?
I have a situation where I started a company a year ago, have filed ficticious name, conducted business properly. However, not being computer literate at the time, (not that I'm much better now), I did not reserve the domain name. This competitor was ''smarter''?? I'd say devious, and reserved it. When someone puts in my company name, they go directly to this competitors web site, without the knowledge that it is not connected in any way to my company. The URL address still shows my company name and not theirs. Is this legal?
Thank you so much for answering my question.
2 Answers from Attorneys
Re: Another company using your name
There are multiple ways of handling the situation, both legal and technical.
You should know that using a mark in commerce generally results in a common law trademark. This means that you would have some rights. However, your rights are not as strong as if you had registered the mark with the U.S. Patent and Trademark Office.
There is an arbitration process that you can use, or you can sue in court. The arbitration process is likely to result in your getting the domain name, and it is not expensive, but you cannot get damages and if the other person has money, he or she might be able to overturn the arbitrator's decision in federal court.
You need to speak with an attorney right away about your rights. If you like, you can call me at (650) 798-2418.
Re: Another company using your name
I would want to know more facts than your message contains, but you may be able to force your competitor to cede the domain name to you. There is a tribunal set up to handle domain name disputes, and where the owner of the domain has acted in bad faith to capitalize on the claimant's business then they will usually order the domain transferred.
Feel free to contact me if you would like to discuss this further.
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