Legal Question in Intellectual Property in California

when a domain is registered FIRST, and no such trademark then existed, can a LATER trademark registration take it away?

When a domain name is registered FIRST and correctly owned by you,

and at that registration time, no trademark on such name whatsoever anywhere globally exists, (checked with WIPO etc.), can then someone who dislikes you, just AFTERWARDS register a trademark on that name,

and then thereby try, to "reverse hijack" or "try to steal" your owned domain name (in trying via court, to make you release it), just because the so called "trademark law" seems stronger in having a greater weight, with the seeming courts and arbitrators, than the mere domain name law...

thanks for any help!


Asked on 9/04/23, 8:15 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

If you had the domain first, then the only way that a trademark owner can later take it away is if it is being used in bad faith, like if you use the domain to mislead the public.

If you need clarification, feel free to contact me anytime that is convenient.

You can review our outstanding client reviews here: https://www.avvo.com/attorneys/10007-ny-frank-natoli-1791330.html#reviews

Kind regards,

Frank

Natoli-Legal, LLC

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 9/05/23, 7:42 am


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