Legal Question in Technology Law in Virginia

Trademarking After Domain Registration

A local competitor recently purchased a domain name almost identical to my own, even though their name is nothing like mine. My domain name is the same as my company name, but unfortunately I have no trademark. It seems obvious they are trying to divert traffic intended for me toward them. I'm familiar with the UDRP, but from the arbitration decisions I've read, it seems very difficult to prove common law trademark rights. I don't have any magazine ads, commercials, etc. in the past promoting my name. I feel I would be unsuccessful in arbitration. My question is, I've since applied for a service mark, but will this help me since it was applied for after they purchased the domain name? In one decision, they did mention that a complainant who lost would be able to try again after registering a mark. Do you believe other arbitrators would have the same viewpoint? Thank you very much.


Asked on 6/16/07, 9:05 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Trademarking After Domain Registration

If there is a likelihood of confusion you might have a case. You have common law rights in your mark and then you must prove priority of when you fist used the mark. Thus, I suggest you hire an attorney to assist you with this effort. You may suceed based on common law trademark rights.

Good Luck!

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Answered on 6/16/07, 9:44 am


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