Legal Question in Technology Law in Ohio

Domain name rights question

I own several/most of the domains for a Mondo* type of network. I had ''met'' a guy via the net - we exchanged ideas, etc. We never placed anything in writing. I am the owner/registrant of a number of these www.''mondo*.com'' domains.

This ''guy'' now supposedly works for his brother (a large CA based email maketing company?) - he now tells me to simply ''give them to him.'' He hasn't even offered to recoup the registration fees...saying they were ALL his idea. *Yes, there were some that were his idea(s) - there were also domains that were my idea + I'm presently using/developing (some are redirects).

I'm totally willing to give him the ones that were his idea - and I have already.

My main question is: Do I have a right, or can I protect (TM) the main domains I wish to use from now on? *I can provide a more complete list, and or explain anything more fully.

Thank you


Asked on 12/06/02, 2:21 pm

1 Answer from Attorneys
Steven Hill Steven A. Hill, Attorney at Law

Re: Domain name rights question

Yes, you may be able to protect the domain names, or a portion of each name, with Federal trademark registration. The application has to go through the same trademark examination as does other applications for trademarks. One requirement is that it be used to identify the source of a product or service. Another is that the name not infringe on other trademarks. So, while we have no guarantee that the mark will be granted, if the application meets all requirements then Federal registration is possible.

Some of this you may do yourself. However, you might consider assistance or coaching from a trademark attorney, especially if you plan to sell the domain names (and the rights to any trademarks).

Regards,

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Answered on 12/06/02, 3:22 pm


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