Legal Question in Intellectual Property in New York
I used to own a website, for sake of this question, let's pretend it was called oranges.com and I sold oranges. It was owned by a company called oranges.com, inc.
My IT guy wasn't careful and didn't re-register the domain and I lost it, and it sold and resold as it was a prime domain name.
It is currently owned by an after market domain dealer and is now accepting offers.
hypothetically, if the domain is sold to someone who proceeds to sell oranges using it, and advertises as "oranges.com," do I have any grounds to pursue any legal action?
2 Answers from Attorneys
You would not create any trademark rights in a generic name such as oranges or oranges.com if in fact you sold oranges. Orange, used to describe something else can be an arbitrary mark (e.g. Apple to describe computers, etc.).
I will link you to an overview on how to choose a strong trademark that you may find helpful and suggest that you discuss this over with a lawyer just so you are clear on any rights you may have here. I would be irresponsible to conclude anything without knowing all the details:
http://www.lanternlegal.com/test_trademark.php
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
My colleague is generally correct, however even a descriptive name can have a secondary meaning in the minds of consumers and therefore trademark rights may accrue. If you are still engaged in the same business you may have a claim.
Contact my office at your earliest convenience for help in this matter.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
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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. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. 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.
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