Legal Question in Intellectual Property in California

As a starting point, an arbitrator or court will look at these factors:

Whether the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.

Whether the respondent has any rights or legitimate interests in the domain name (for example, the legitimate offering of goods and services under the same name).

Whether the domain name was registered and is being used in bad faith .

If you can show that you have a legitimate farm equipment business or have taken substantial steps to create such a business, you will be on much better legal ground.

It sounds like you may have received communication from State Farm already. If you would like to discuss this further, please feel to contact me either by email or phone.

Regards,

Bryan Becker

Becker Attorneys

www.becker-attorneys.com

877.201.8728

[email protected]

First, "Asia" is a continent, not a country, and while .asia is available as a top-level domain name, one cannot trademark a name in Asia; it would have to be registered in indivdual countries within the Asian continent. In addition, most countries recognize and enforce trademarks that are registered in other countries, pursuant to treaties. So, the "State Farm" trademark may be enforced in China, Japan and/or Korea even though not trademarked in "Asia".

Having said that, please note that there is only a moderate relationship between trademark and domain name rights. One can register a domain name in the United States even though it contains, or consists of, a trademarked name. Having said that, I must hasten to add that there are three things you cannot do:

1. You cannot register a domain name with the primary purpose of holding the name for ransom or with the intent to offer it for resale to a trademark holder. This is called "cybersquatting."

2. You cannot register a domain name containing a "famous" trademark, even for your own use. Whether "State Farm" would be considered "famous" by the courts is uncertain, but very likely. Therefore, I think your registration properly may be objectionable to State Farm.

3. You cannot use a domain name that is deceptively similar to someone else's when the intent or the result is that customers and prospects contact you, thinking they are contacting the other guy. This is called "cyberpiracy."