Legal Question in Intellectual Property in North Carolina

Trademarks and domain names

I own a trademark and the domain name is owned by someone else. The domain name is being used to resell it. My trademark was approved after the domain was registered. I have tried to negotiate with the owner on a fair price to no avail. The domain owner is in Colorado and I am in NC. I did not trademark the name to steal the domain from him. It was trademarked for legitimate commercial purpose. Do I have any legal rights to the domain name as it uses the words trademarked?


Asked on 1/04/09, 2:08 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Trademarks and domain names

WHo used it in the marketplace first? In commerce?

I would need more information to answer but generally the common law rights may be established prior to registration.

Call or email for representation.

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Answered on 1/04/09, 2:17 pm


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