Re: same company name, who gets domain name?

Your client did not do everything by the book.  They are confusing domain,
trade, business names and rights thereto.  They should consult an attorney
(with trademark experience) in their state.  For a basic discussion, I have
a portion of my "under development" web site which discusses this type
issue: see http://www.webbcounsel.com/name.htm

Its possible that 1,000 [or more] businesses could each have the same name,
each have bona fide rights to use it as they use it [in a defined geographic
region and for a specific type or types of business -  witness all the
"AAA - _____" named businesses.  Yet in that case--only one gets the domain
name - in that case its a first come, first serve basis. But others could
legitimately have .org, .net, /tv, /biz....variations.

The strongest protection is to get a federal trademark and be prepared to
sue anyone whose comes close to infringement.




----- Original Message -----
From: " l i s a" <Lisa(at)InternetSky.com>
To: <hwg-business(at)hwg.org>
Sent: Thursday, July 05, 2001 11:19 PM
Subject: same company name, who gets domain name?


> I finished a site in April for a start up -
> The client did everything by the books;
> filing a DBA and city business license . . .
>
> Her business name wasn't available as a domain name
> at the time we started
> working on the site. . . it wasn't being used, but it wasn't available.
> She went with something
> more generic - and search engine friendly.
>
> Today she informed me that her business name
> is being used by another company as their domain name
> as well as their business name. They are in the same county
> and just in the next city.
>
> I advised her to contact the local Small Business Association
> in our area and get some advice.
>
> I've looked around for some help on the Web, but it seems most
> laws apply to speculative use of domain names or registration
> of domain names by competetion . . . this is a conflict of same business
> name.
>
> any ideas, thoughts or advice.
>
> Thanks - lisa
>
>
>
>

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