Legal Question in Technology Law in California

Re: Domain name registration

I just want to add the following to the information already provided:

Trademark infringement requires that your web site be commercial. However, there is a relatively new federal law that specifically addresses the case where the registrant intended something bad, even if he or she has not gotten around to doing it yet.

So the timing of when you registered the domain name, your intent in registering the name, as well as your use of the address after that time, are some of the considerations appropriate for determining your best course of action.

Have you gotten a cease and desist letter from the trademark owner yet?

Re: Domain name registration

Without knowing the exact names, it is difficult to say.

To provide you with a helpful example (hopefully)... losangelsdawdgers.com (I'm listening to the ballgame)... kokekola.com... pipsikola.com...dyskneeland.com... would all likely get you into trouble.

Changing the spelling will probably not help you.

If the term is generic (i.e., bookcenter.com vs. bookcentre.com), you probably are okay.. but this fact, alone, wouldn't prevent you from getting sued.

If you used something like fleetcentre.com, you might have a problem.

Also, if you registered your domain first... and before the alleged trademark was used first in commerce, you have a good defense.

Re: Domain name registration

Without more specifics, it's impossible to offer a reliable answer. You may be in a lot of trouble, you may not. I can't say, for example, whether you have infringed a trademark because I don't know whether the other domain name actually is a trademark or whether your domain is likely to cause confusion. It seems reasonably likely, though, that you may have trouble in store for you -- especially since you seem to believe so yourself.

You really should consult with a lawyer and provide him/her with more specifics than you have offered here.