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What comes first the chicken or the egg.com

Discussion in 'General Business' started by Olney, Jan 6, 2005.

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  1. #1
    I'm new being back in the US & I know people like to sue & also get other people's ideas trademarked. I'd like to know what is the status now if I register a domain name like NewYorkStreets.com
    & I start making T-shirts

    Can someone else trademark the name after I already started & make me give up my URL?

    Just curious I know some people had legal problems with domains & trademarks & stuff.
     
    Olney, Jan 6, 2005 IP
  2. digitalpoint

    digitalpoint Overlord of no one Staff

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    #2
    No, they have no rights to it if their trademark was filed after you registered the domain. In 1998, Alta Vista ended up purchasing the domain altavista.com for $3.3M because the domain was registered with someone else before they had rights to the trademark.
     
    digitalpoint, Jan 6, 2005 IP
  3. Matts

    Matts Berserker

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    #3
    I think it is possible thay someone else could trademark the mark New York Streets and keep you from using the mark on t-shirts. Owning a url doesn't protect your right to the name itself -- they're distinct entities.
     
    Matts, Jan 6, 2005 IP
  4. gchaney

    gchaney Peon

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    #4
    However, legally speaking the documented established use of the name would protect the owner from trademark infringement.

    i.e. I own www.newyorkstreets.com and The site name is New York Streets and I promote and advertise and link using this name, selling shirts using this name, etc. etc. the company that files a trademark a year later cannot sue because of "First Use" protection. I have established my commercial use of this name prior to the newer company. The only way they could stop this would be to buy the site.

    Cheers
     
    gchaney, Jan 6, 2005 IP
  5. Matts

    Matts Berserker

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    #5
    Now my brain hurts. If simply using a name in commerce would protect ones rights to a mark, what does a trademark offer as additional protection?
     
    Matts, Jan 6, 2005 IP
  6. Dada1988

    Dada1988 Greenhorn

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    #6
    You can say egg or you can say chicken, it depends on how do you think of that。
     
    Dada1988, Jan 11, 2013 IP
  7. Spoiltdiva

    Spoiltdiva Acclaimed Member

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    #7
    A trademark is designed to identify your products or services from those of others. It affords you the right to take legal action against trademark infrigement. That's basically all a trademark does. As to protection? Fear of being sued does act as a deterrent.
     
    Spoiltdiva, Jan 11, 2013 IP