Legal Question in Technology Law in Massachusetts

Domain Names & Trademarks

Let's say i've owned a domain name for 5 years plus (let's call it 'abcd.com'). During these years i've run the site off and on and I never established a Trademark for it. Can someone establish the trademark 'abcd' and demand I trasnfer the domain to them because of Trademark violations? In other words, should I worried about registering the domain as a trademark?

Thanks in advance.


Asked on 6/25/04, 5:28 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Domain Names & Trademarks

If you actually used the domain name before the other party used "abcd" in interstate commerce, then you should not be required to transfer the domain name even in the face of the other party's subsequent registration of the trademark. A key fact will be the actual uses to which you put the Web site....

Best wishes,

LDWG

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Answered on 6/29/04, 12:47 pm


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