Legal Question in Business Law in New York

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.

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