Legal Question in Business Law in Nevada

trademark owned but domain owned by someone else

Hi

We own the trademark for our

company name but someone in

Korea owns the dot com to our name

and wont sell it. We have made a few

responsible offers to purchase it but

he wont sell. There is no content just

one of those link marketing sites.

Is there any legal right we have to

the domain name in our name.

thanks


Asked on 2/22/09, 1:05 pm

1 Answer from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: trademark owned but domain owned by someone else

A trademark and a domain are two separate and distinct issues. If the entity that owns the domain attempts to extort the value of the domain because of your trademark then you have an opportunity to attack them under the US Trademark statutes, Anti Cyber Squating laws, and possibly the madrid protocols depending on the filing status of your marks.

You may also attempt to use the litigation avenues available under the registration agreements to gain control of the domains.

If you wish we can discuss this further, send me an email with your info.

Keep in mind that this type of litigation can be expensive and time consuming.

Good Luck,

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Answered on 2/22/09, 5:03 pm


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