Legal Question in Intellectual Property in California

You have at least two possible approaches to defending your trade identity.

The first approach is under traditional trademark law concepts. You conclude your inquiry by asking "If my domain name is trademarked....." and, assuming it is trademarked, the answer is very probably yes. However, there is no automatic trademarking effect from registration of a domain name. The right to sue under trademark law accrues as a reult of having registered your trademark with the United States Patent and Trademark Office (USPTO), which is not a quick and automatic process, and many domain names are not trademarkable.

The other approach would be to rely upon laws other than trademark law per se; for example, there is a Federal "anti-cyberpiracy" law that is designed to prevent just what's happening to you - siphoning off of customer inquiries by using a younger but deceptively similar Web address. I can't cite the official name of the Act or where it is found in the United States Code, but it was passed around 1997 or so, if I recall, and I used it once back around 2002 to help a client. Try a Google search for "cyberpiracy law" and see what comes up.

Finally, if both companies are California-based or have significant operations here, you may have some basis for an action under California's rather broad unfair competition laws, see Business and Professions Code sections 17200 et seq.

This involves traditional trademark law perhaps more than domains. He cannot look like your business and take your customers. It is arguably misappropriation. I tend to be aggressive, and I would also even go after profits he has already wrongfully obtained by violating your trademark until now.

Please contact my office for a free consultation.

Best,

Daniel Bakondi Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

Daniel Bakondi, Esq. [email protected] 415-450-0424

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