IANAL, but I doubt it. I'm pretty sure the name would have to be a
registered trademark and, if I remember correctly, the trademark has to
exist for 6 months before it applies to domain names. If someone registers
the "same" name within those 6 months, it's usually allowed since, in only 6
months, most trademarks haven't become established enough for any trademark
dillution to occur. I think I remember this from reading a judgement where
the judge ruled for the defendant on these grounds. I might be mistaken,
though. I don't have the case to point to.
I don't know why people think domain names are an exception to normal
trademark laws. Under the current trademark laws, I can have a company named
"Ford" that makes some widgets that have nothing to do with cars. As long
as I don't do anything that would cause my products to be confused with
those of Ford Motor Company, then Ford has 0 legal recourse. Also, I have a
corporation called Janty Corporation. Even though Janty is a comon name in
some places, so what? (BTW, anyone need a fully legaly registered US
corporation that isn't being used for anything that they could organise some
type of CF based project under and finaly put the corp. to good use? <g> )
My last name is Ashworth. There is an well known company named Ashworth
Inc. that makes golf related clothing. They own the domain ashworthinc.com.
There is another Ashworth company called Ashworth Bros. Inc. that makes
"conveyer belt" systems. They have the domain ashworth.com. They are both
pretty big and could have battled it out in court over who gets the
"ashworth.com" domain, but why bother? When someone goes to ashworth.com
looking for golf stuff and they see mechanical warehouse supplies, I think
it would be pretty clear to them that they were at the wrong site.
Like I might have mentioned before, my company has a software product called
AIM. It existed long before AOL's AIM, but who has aim.com? heh. We don't
have any trademark on AIM, so the company with the most money wins :) It
doesn't really concern us since our client base is very speciffic
(government agencies), so there really is no confusion between the products.
Heh .. look at me going off on a tangent again. For more info on the domain
name thing, take a look at www.eff.org
Todd
-----
Domain, domain on the range, where the lawyers and defendants play.
----- Original Message -----
From: "Rick Eidson" <[EMAIL PROTECTED]>
To: "CF-Community" <[EMAIL PROTECTED]>
Sent: Wednesday, August 29, 2001 5:32 PM
Subject: RE: Domain Resellers - profitable?
> OK I got one on this subject.
>
> I registered my domain kchost.net just a few months before someone else
not
> for from me registered kchost.com. I have also filed my fictitious name
with
> the state. Can I sue them for the domain?
>
> Rick
>
>
> -----Original Message-----
> From: Brent Goldman [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, August 29, 2001 4:33 PM
> To: CF-Community
> Subject: RE: Domain Resellers - profitable?
>
>
> Hi,
>
> Good idea... but you couldn't sue them, because they weren't infringing on
> the copyright. I read about a nice restaurant somewhere in Western Europe
> called McDonalds, but McDonalds (fast-food) can't sue them, because this
> restaurant had the name first, and although they don't own a copyright on
> the name, when they got the restaurant, there ware no EXISTING copyrights
> that they were infringing on.
>
> -Brent
>
> -----Original Message-----
> From: Eric Dawson [mailto:[EMAIL PROTECTED]]
> Sent: Tuesday, August 28, 2001 7:36 AM
> To: CF-Community
> Subject: Re: Domain Resellers - profitable?
>
>
> Can you trademark i-church.com and then sure them for the domain?
>
> Eric Dawson
>
>
>
> From: cf kaizen <[EMAIL PROTECTED]>
> Reply-To: [EMAIL PROTECTED]
> To: CF-Community <[EMAIL PROTECTED]>
> Subject: Domain Resellers - profitable?
> Date: Tue, 28 Aug 2001 06:19:45 -0700 (PDT)
>
> Hi all,
>
> This was rather strange. I wanted to buy a domain,
> i-church.com, for a cf app I've built.
> DomainColletion.com had already taken it, so just for
> kicks I asked them what their asking price was. The
> answer: $4,900 for a domain name, and an obscure one
> at that!
>
> So my question is, should I buy it?? Just kidding!!!!
> What I really want to know is whether anybody makes
> any kind of money doing domain reselling. I can't
> imagine anyone paying that amount. I'd think they'd
> have to come down about 9000% from their asking prices
> to do any business at all. Of course, since they
> probably bought it at $8, just about anything would be
> a profit.
>
> 8-)
> Andrew
> *H*-church :-)
>
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