Legal Question in Business Law in New York
How can I obtain a domain name that is available but a store has the same name in Florida?
Can I possibly but the name or trademark so that no one else can use it?
1 Answer from Attorneys
Generally speaking, if the domain is available then you can buy the domain. If the name is trademarked, the trademark owner has a duty to monitor the usage of the trademark or risk loosing it. If the name is not trademarked or is trademarked in a different category you have the right to file for trademark registration provided you are using the trademark in commerce.
If you have concerns I suggest that you retain an attorney to conduct a trademark search prior to the purchase of the domain to reveal if the name could be subject to some restrictions and then to file for trademark protection.
Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (@) TheLegalist (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
Related Questions & Answers
-
If a company fires you and your told by another employee and not your manager is... Asked 8/13/12, 3:13 pm in United States New York Business Law
-
I am a retail store owner,what are the rulers for raffeling a product Asked 8/06/12, 2:45 pm in United States New York Business Law