Legal Question in Technology Law in Connecticut
Who has the rights to similar domain names?
The ABC Firm registers MyCompany.Com. Sometime later, the XYZ Firm registers My-Company.Com. Let's say they both want to sell shoes on the Internet.
Can ABC Firm claim infringement because they registered the similar-spelled name first? What if XYZ Firm started selling shoes on the Internet first, even though they registered second? Or, would the law say that the hyphen makes both firms two completely different businesses?
Any help will be appreciated as I'm considering starting a business as the latter-registered, hyphenated firm, and will simply find another domain name if there is a better-than-average chance of future legal problems with the name. BTW, the non-hyphenated domain name is still on the auction block by a company that sells domain names, but they are asking a lot more than I can afford (I did try negotiating).
Thanks very much for your help.
1 Answer from Attorneys
Re: Who has the rights to similar domain names?
Your question concerns the law of trademarks, not domain names. Under NSI's current policy, anyone can register any available domain name. The only time NSI will terminate a domain is if someone else shows that they have a trademark registration for the *exact* second level domain. In other words, the owner of a trademark "MyCompany" would likely not be successful in having NSI shut down "My-Company.com". But NSI's policy can change
But now for trademark law. To greatly oversimplify, whoever first uses MyCompany to sell goods (whether on the net or in the real world) can prevent someone else from using similar names (like My-Company)*if* it can show that consumers are likely to be confused. The "likely to be confused" analysis depends on things like whether the companies are selling teh same things, in the same places; whether the names are very similar; whether the names are generic or not; and several other factors.
Bottom line is that I would recommend against using a name similar to someone else who is in the same business.
Patrick Begos
Begos & Horgan, LLP
25 Ford Road
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
