Legal Question in Intellectual Property in Virginia

Abandoned trademarks

If someone files a domain name registration, say abc.com, but abandons the trademark and closes down the site, then someone else registers a-bc.com, can the prior filer take action against the second? Could they refile the registration to take action? Can the register of a-bc.com file a trademark registration to prevent the first from refiling?


Asked on 8/19/02, 4:06 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Abandoned trademarks

It depends on whether the former domain name owner still has un-abandoned trademark rights. They could still be doing business as abc, and the registration of a-bc could infringe or dilute that mark. They could re-register the domain name, but that wouldn't help - a-bc was then registered first. The owner of a-bc.com could possibly register a mark, and given how the ICANN arbitrations are going (i.e., all over the place, with little logic), that registration might make a difference. You need to consult with a lawyer and go over all of the details to determine what the various parties' rights are.

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Answered on 8/19/02, 5:51 pm


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