4 ms·
You aren't in jeopardy here. Trademarks aren't like patents -- you can clearly have companies with the same name as long as the use is not confusingly similar f
by rexreed 14y ago
You aren't in jeopardy here. Trademarks aren't like patents -- you can clearly have companies with the same name as long as the use is not confusingly similar for similar products and/or services sold in the same class:
* Delta Airlines
* Delta Faucets
* Delta Delta Delta Sorority
Which one has rights to the domain delta.com? They all do. But only one has it. And the others can't sue.
Just because you have a "similar" domain name doesn't mean you are in practice infringing on a trademark. And the definition of trademark means you have to actually use the mark in commerce. If he's not using the mark in commerce, you're not violating a trademark.
In fact, you don't even need to register a trademark to have common law rights.
Don't give up so easily. Talk to a lawyer - they'll consult you for free. Just tell him to bugger off.
Read here:
"It should be noted that trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections."
[1] https://en.wikipedia.org/wiki/Trademark https://en.wikipedia.org/wiki/Trademark
"In fact all trademark law and rights are based on the use of your trademark, not just when you register it (if you choose to do so), but also on an ongoing basis--in fact 6 years after you get federally registered you must swear you're still using it in commerce and then 4 years after that and then every 10 years thereafter you must swear to it again (there are minor exceptions but you don't want to go there)."
[2] http://www.idearights.com/trdmrk.htm http://www.idearights.com/trdmrk.htm
Talk to someone who knows what they are doing and don't be such an easy push over ;) I say that in kindness.
- coryl 14y agoCheck out http://www.nissan.com http://www.nissan.com - crazy that it still doesn't have a useful home.
- rexreed 14y agoThe same guy owns http://www.digest.com http://www.digest.com -- it's nuts that he hasn't sold them.
- elmargasimov 14y agoThat domain is worth at least 4 goldbars.
- rexreed 14y agoBTW, I am assuming you are referring to the domain "employify.com" and your domain "employify.me"? If so, it looks like they were in business (http://www.24-7pressrelease.com/press-release/employify-announces-new-website-200121.php http://www.24-7pressrelease.com/press-release/employify-anno...), but sounds like they are no longer in operation, and as such, they only have assets to sell or license, like their domain name. This also means probably no money for lawyers. That said, they still have rights to their trademark and even if it goes into disuse (abandonment), they can file with the trademark office a claim they will be reusing the mark in the future. Something to consider. But you might want to find a domain that you can own the .com for and also get good SEO, twitter, Facebook, and other handles for.
- tehwebguy 14y agoJust wanted to chime in and say YES, talk to a lawyer. Trademarks exist to protect consumers and businesses that have a reputation to keep up. It is not the same as copyright.
- elmargasimov 14y agoWell, I have heard many people from legal backgrounds telling me that it doesn't matter if he has a trademark. However you should take into account, that he can cause you much headache in the future if you grow. I think it's better that I just launch under a different name.
- rexreed 14y agoThat is good advice - even if you are on solid legal footing, the presence of someone else in the market (even as a dead entity) with a too-similar name will cause issues around brand recognition, SEO, etc. And they can decide one day to use the domain they do own and put something up there that will cause confusion. They can't sue you, you can't sue them, but they can just be a pain. Sometimes the answer is not a legal one, but a practical one.
- elmargasimov 14y agoThanks rexreed, Excellent sources you have provided over here. I am in the process of getting as much legal feedback as possible.