Legal Question in Technology Law in New York
Trademarks
I recently purchased two internet domain
names. There were no previous trademarks similar
to my domain names. I did an electronic search
through the patent and trademark office. What
would happen if someone in the future purchases
a trademark similar to my domain name. Could they go after my website even though I had the name first.
1 Answer from Attorneys
Re: Trademarks
They could sue; the question is whether or not they would win.
If you are doing business using these domain names, then you may have a common law trademark in the names. Thus, you could be the senior user and have more rights than them.
On the other hand, if they register the trademark(s) with the U.S. Patent and Trademark Office, and you have no trademark at all, then they could very well take away the domain name(s). NSI won't turn them over (at least not under the current policy) because you registered first, but a court might force you to relinquish them.
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