Legal Question in Intellectual Property in New York
Trademark Question
There is a Dead trademark that I would like to build my business around. Without getting into specifics, lets refer to this TM as ''ABC123''. Since ABC123 is dead, I am assuming I can register it. Now, the issue I have found is there is a web address that exists named ''ABC123 dot com''. This web address belongs to a large company as an alternate web address, not their primary. My question(s): Can I register the TM if another company uses the TM name as a ''dot com''? Second, if I registe the trademark, can I ask the large company to stop using the ''dot com'' which would reference my new trademark? Thank you for your assistance.
2 Answers from Attorneys
Re: Trademark Question
You are making some very, very expensive incorrect assumptions in your question, any one or all of which can jump up to bite you at any time. You need to hire a lawyer who deals regularly with trademark law. There are piles of intellectual property firms in NYC or, if you don't want to pay their fees, you're welcome to come north to me. Many of my trademark clients are handled long-distance, by phone, fax and email.
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Re: Trademark Question
If the TM is available it can be registered. However,in this situation it would be highly advisable to retain an attorney familiar with IP law. This area of law is our specialty and our fees are very reasonable. however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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