Legal Question in Intellectual Property in California

If I own a registered trademarked phrase and someone else owns the domain is that considered infringement?


Asked on 9/01/14, 12:10 am

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

Possibly, and possibly not. It depends quite frankly on the terms that are being used and whether they had the domain first and are not presenting any bad faith. If the phrase is rather descriptive and they are not using it as a trademark, that is, to identify any goods or services then it may not amount to infringement.

All you can do it have this matter reviewed by counsel so a best course of action can be reached assuming you are taking this seriously.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

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 9/02/14, 5:01 am


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