Legal Question in Intellectual Property in California

I want to start a business under a certain name - let's call it Widgets, Inc. It has been in the idea stage for quite some time, and I am ready to start formal development. Someone in a similar business, Stuff, Inc, registered and parked that domain so that it could not be used, but is not using the name in business in any way. Can I get a trademark on the name and start using it? If I do get and use the mark in business, would that domain be subject to cybersquatting laws?


Asked on 12/04/11, 10:24 pm

1 Answer from Attorneys
Jim Betinol Withrow and Betinol Law

Trademark protection is based on whether the mark is used in commerce, which includes non-internet base commerce. For this reason, although "Stuff, Inc." may not have yet started using the mark for internet commerce, they may have already used the mark for non-internet commerce. If they've used the mark in commerce, even if they have not registered the mark, it will prevent you from challenging their use and they could even have your registration cancelled.

It will be less of a headache and will save you money if you decide to come up with an alternative mark. If you would like to discuss this situation further, along with other options, feel free to contact me.

Kind regards,

Jim

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 12/05/11, 9:13 am


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