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Old 10-19-2012, 07:09 PM   #1 (permalink)
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Question Trademarking a name but someone already has the .com

I have been planning on starting a company, but ran into a problem. I was going to name my company "example name" but "examplename.com" is already taken. I do not want a .net or .org or anything else besides the .com. I do not want to change the name of the company and i do not want to add a dash like "example-name.com". The name i want to use is not trademarked and my question is:

If i trademark "example name" can i force the owner of "examplename.com" to turn over the site name to me?

The owner is not using the site and has been just holding onto the name for 8 years. He has a few other sites registered to him and they all redirect to 1 site that is just a white index page that goes no where. The name i want is not trademarked right now.

If not what other options do i have besides buying the name from the owner?
LS1904 is offline  
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Old 10-21-2012, 10:12 PM   #2 (permalink)
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This is a pretty fairly common here is an article explaining the situation in a little more detail. http://www.legalmatch.com/law-librar...ness-name.html

This is their property and many people buy domain sites for just this reason to make some money almost like real estate in a way this person is likely storing these names to make a profit.

Maybe and a big maybe is if there is some sort of bad faith you can get an injunction to prevent the person from hording names. Here is an article explaining injunctions, but I would say this is very unlikely remedy for you. http://www.legalmatch.com/law-librar...n-lawyers.html .

You probably need to buy the name or think of a new one, but it would be best to speak to a lawyer in your area as it is possible other options exist. Good luck.
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Old 11-05-2014, 07:39 PM   #3 (permalink)
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There is a separate agency managing the registration of trademarks and domain name. USPTO or the United States Patent and Trademark Office for the trademarks and ICANN or Internet Corporation for Assigned Names and Numbers for domain name registration. Unfortunately, it is difficult to register a .com domain name.

I suggest that you come up with a new domain name as it would take time if you prefer injunction.
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Old 04-30-2015, 08:00 AM   #4 (permalink)
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I've heard this question before. and yes you can register the company name and then the other person have to turn over the site domain to you. but you must consult with the Trademark attorney before that.
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