Legal Question in Technology Law in Pennsylvania

internet domain names

My question is if I am an incorporated business and have a trademark on my business name (and have for 5-6 years) am I also entitled to the ''mybusinessnamedotcom'' domain name if it is currently being held for sale by another company?

Asked on 7/17/08, 7:09 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: internet domain names

Maybe. Depends on a number of factors, basically showing that you have senior trademark rights and they registered it in bad faith. We handle these matters, and would be glad to take a look at your specific situation.

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Answered on 7/17/08, 7:15 pm
Gerry Elman Elman Technology Law, P.C.

Re: internet domain names

The answer will of course depend on the specific facts, which would need to be analyzed under two different standards.

One is that rights to the domain could be subject to an arbitration under ICANN rules that's quick and relatively simple to do. The other is that the rights to the domain could be determined in court by the federal Anticybersquatting Consumer Protection Act of 1999.

Our firm handles this sort of matter and would be glad to take a look privately at your specific facts.

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Answered on 7/18/08, 7:32 am

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