Legal Question in Intellectual Property in California

I purchased a domain name called

mobilemystictan.com. I have had the name for over a year and bought it from godaddy.com. Yesterday, I got an email from an attorney stating that i have to surrender the name to mystic tan immediately. I want to know what my rights are in regards to this situation.

Thanks,

Julie Davis


Asked on 3/04/10, 5:21 pm

3 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

If the brand is a registered trademark, you're probably infringing it. Just because go-daddy had the domain available for purchase, does NOT mean that it's legal for you to do so.

Of course, if your use of the domain has nothing to do with the brand, or is commenting or criticizing it, you may have some first amendment arguments on your side.

Consult with a lawyer.. this is serious stuff.

Read more
Answered on 3/09/10, 5:47 pm
Kevin B. Murphy Franchise Foundations, APC

The answer depends on what rights the other party has to "mystic tan" and whether your domain is infringing on these rights. For example, the other party may only have common law rights in their immediate trading area. Consult with an attorney in your area.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Read more
Answered on 3/10/10, 6:39 am
James Bame San Diego Law Office

I would be happy to investigate the matter. I need to review the demand and analyze the argument for infringement. I will also look into the liability of the seller of the domain name. Contact me directly.

Read more
Answered on 3/10/10, 1:29 pm


Related Questions & Answers

More Intellectual Property questions and answers in California