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Domain Name Take Over and Trademark Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by dmunoz, May 3, 2011.

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  1. dmunoz

    dmunoz Law Topic Starter New Member

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    We have been faced with a domain name take over. The rights of the domain name has been given up but I would like to protect our other domain names as well as future domain names.

    For example, the domain consist of <name of company>headlights.com. We supply directly to toyota as the Orginal Equipment Manfucature but we do not supply directly to nissan or honda. In order to protect nissanheadlights.com and hondaheadlights.com, could we setup seperate corporation in delaware, other than our orginal corporation that resides in Florida. The whole purpose is to have a legal footing and save money on trademarks for future purchases. Also, do we need to setup a PO box or have a physical address in Delaware. The savings are defined as $35 vs $375 at the US Trademark Office.

    The other option was to have our other office in Mexico purchase the domain name from us so we can protect the domain names. I'm not sure if those laws apply if the corporation and trademark was setup in the US and the domain name owner resides in Mexico.

    Any help is appreciated,

    DM
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You cannot protect domain names to which you don't have trademarks. It doesn't matter what country you are in. When you register a domain name you agree to arbitrate a dispute by a trademark holder. I'm not sure how registering them in the name of a corporation or in another country helps you. Perhaps I'm misunderstanding what you're trying to do.
     
  3. dmunoz

    dmunoz Law Topic Starter New Member

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    thelawprofessor,

    Thank you for your insights. I know I need to seek an Attorney of what we are trying to protect. I know it will be futile for us to move forward as I know one day, it could happen.

    Thanks again,
    DM
     

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