Legal Question in Technology Law in Utah

domain name dispute

I own a domain name. A company I was doing freelance writing for had me come up with a name for a product of theirs. We did not sign a non-disclosure agreement. Months after giving them several names for their product, I searched newtwork solutions and found the company hadn't registered one of the names out of 10 I had given them. I registered that name so I could open a website and conduct a completely different business than theirs. They had already started to use the same name in the public domain, but they did not trademark the name. Now they want the domain name that I own. Do they have common law usage? Do I have to give them the domain name?

Thank you


Asked on 10/29/99, 9:36 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: domain name dispute

Interesting set of facts.

Some things are clear from what you say, some not.

They have common law rights from what I understand you to be saying, being that they have used the name publicly first. It is not clear whether what you mean by "use" qualifies as use for purposes of trademark law, but probably so.

Whether you have to give them the domain name or not depends on facts you do not state. I can work with you to try to solidify your position. Call and we can discuss how.

Bruce Burdick

314-621-5070

www.burdlaw.com

[email protected]

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Answered on 11/01/99, 8:02 pm


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