Legal Question in Intellectual Property in New Mexico

My Father Has Registered his Trademark SCHOOLNEEDS in India In 1975, Now Buy Domains.com is selling the same SCHOOLNEEDS.com Domains. when enquired with them they say at the time they coined coined these words SCHOOLNEEDS was not known to them in USA. hence we do not get any right over that, we ask them to sell us for 200 dollors, but they were offering us for 1000 dollors.

I know i have all the rights to get the domain name in my fathers favours but, i am struggling with the exact procedure and forum before whihc to be complained. kindly guid me in this matter


Asked on 5/25/11, 4:29 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. What makes you believe a registration in India creates U.S. trademark rights? It is doubtful the mark "Schoolneeds" could even be registered here as it is merely descriptive if applied to scholastic - education services.Trademark law is very complicated and complex. Do not expect to find an answer on a legal bulletin board like this. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/25/11, 7:00 am


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