Legal Question in Intellectual Property in Indiana

I have a domain name which is the name of my business. I have a small c in a circle on my website splash page to cover copyrighting the content of my website. My question is this: a company overseas is using the name of my business and using the name of my business in a domain with a different extension. This is problematic for them because they really need my .com extension. Should I get a trademark registered for my business and domain name to protect my interests? I spent a lot of time creating my website and web based business. I put a lot of capital at least for my wallet into my business. This company overseas wants to buy my domain name which is the name of my business too. What would you recommend I do? The interested party has taken their business into a wealthy middle eastern country as well. I can't afford to purchase a trademark for every country on earth to protect my interests where ever this company might spring up doing business.


Asked on 4/06/18, 4:14 pm

1 Answer from Attorneys
John Mitchell Interaction Law

Your copyright is automatic - you don't need the c in a circle. But to enforce the copyright, consider registering the work with the Copyright Office.

The trademark question can't be answered here. Generally speaking, if a foreign company has the same name as your company, but you are not competitors, there may be no problem. Trademark law will not prevent someone else from using the same business name to sell a completely different product or service if it is not going to cause any consumer confusion as to the source of the product or service.

Best to consult with a trademark lawyer, but be prepared to answer questions relating to whether you do business with the same potential customers in the same or confusingly similar product or service. But, if you consider the trademark worth protecting, by all means, register it. Otherwise, the first to register it will have an advantage in any trademark infringement dispute.

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Answered on 4/06/18, 7:23 pm


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