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Intellicutal Properties Question About URLs

 
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StephB

posts: 6

Feb 09, 2009 1:23 AM ET    Quote  Report Abuse
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Hi All,
 
I am getting ready to file the trademark paperwork for my new business; however, the URL that matches the name of my business was recently registered, in an effort to spoil my plans. If my filing is approved at both the USPTO and the state level will the owner be required to release the rights to me?
 
Thank you ... I truly appreciate any assistance that you can provide.
 
patentandtrademark

posts: 1332

Feb 09, 2009 9:27 AM ET    Quote  Report Abuse
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why are you filing for trademark at BOTH state and USPTO level?

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
MattThomas

posts: 203

Feb 09, 2009 5:02 PM ET    Quote  Report Abuse
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I don`t think a domain name owner is required to release the domain to you if you own the trademark. Chances are that they purchased the domain because they know you will need it and they are expecting you to pay a premium for it. Sadly, as far as I know, the only way to get the domain in this case is to buy it from the owner.


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Motivation for Entrepreneurs
Entre-Propel.com
patentandtrademark

posts: 1332

Feb 13, 2009 1:26 PM ET    Quote  Report Abuse
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how much money is it worth to you to get the url?

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
MattTurpin

posts: 249

Feb 23, 2009 1:47 AM ET    Quote  Report Abuse
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Did the person snatch up all the possible dots? I could see a person nabbing dot com to spite you, but grabbing dot net, dot org and dot biz would be a very costly spite. Revenge is a dish best served without a steep yearly renewal cost. If you`re lucky, maybe you can just grab an alternate dot. Dot com, net and org are all fairly equally ingrained in the internet users` psyche. Dot biz is just as good if people are reading your domain to find it anyway. This way your nemesis will be stuck having wasted money for a useless name that you can get later on when s/he gives up.

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Making limitless possibilities much more limited.
patentandtrademark

posts: 1332

Feb 23, 2009 1:56 PM ET    Quote  Report Abuse
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Buehler?

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
patentandtrademark

posts: 1332

Feb 23, 2009 1:57 PM ET    Quote  Report Abuse
Points: 0   Vote
Sometimes the trademark owner IS required to release the domain to the trademark owner.  Stick to your area.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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