Legal Question in Technology Law in California
Register Domain Names as Trademarks?
I've registered some domain names that I think would make good names for new businesses and/or Websites for existing businesses. The names are mostly rearrangements of existing words that create new "words." In all cases there are no Federal trademarks on the names (except possible recent filings); in some cases a nationwide Yellow Pages search finds one or two businesses using the name.
I'm wondering if it's worthwhile to register the names as trademarks (filing as "intent to use") before I try to sell them at domain name auction sites. I'm afraid if I don't then someone who sees the name and wishes to use it may register the name and then try to claim it from me (or from the person I've sold it to, who might then sue me).
I have quite a few of these, so shelling out $245 for each would be a problem. Some of the names seem much more valuable than others so perhaps I should draw the line at some level of appraised value.
I've already consulted with an attorney about this but am not sure he's all that much of an expert. He doesn't think it's worthwhile to register any of the names but I think some of them might possibly sell for 25K, 50K, 100K or more and am concerned.
1 Answer from Attorneys
Re: Register Domain Names as Trademarks?
As long as you registered prior to the date of first use claimed by a trademark holder, you should be OK, even under the current NSI disupte policy.
Where you are aware that other businesses have already started using the name, you are probably already be too late. You could try to file a registration, but unless you really do end up using it for the claimed purpose, then it will probably not do you much good.
If you need a model domain name sales contract, take a look at http://www.netatty.com
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