Legal Question in Technology Law in New York

Re: Election Name domain

I disagree with the prior advice to you. This can be done legally, provided it is done right.

If you are clear on your site that it is not sponsored by the candidate, you are probably not going to be stopped if you take the right steps protect yourself. I am an attorney. My advice is my stock in trade. I don't put those steps out on the internet for free. I am sure you can understand that. If you want more you have to pay.

If you think I am wrong, see www.whitehouse.com. The real whitehouse tried unsuccessfully to stop it. If most powerful office in the country can't stop it, you know it can be done.

Re: Election Name domain

Notice: This message should not be considered as legal advice. This law firm and the recipient of this message do not have an attorney-client relationship. This message may not be reposted or republished without the permission of the author.

In my opinion, the candidates MAY have legal recourse. First, if they have a trademark registration of the same wording, they can go through the Network Solutions process and try to cancel. If they don't, they might first have to go to court under a state or common law trademark theory or perhaps some sort of misappropriation theory. The courts have taken a dim view of domain name squatting.

Best regards,

Todd D. Epp, Esq.

(o) 800-289-5999