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Non Trademarked Company Name in Domain Names

by Talent
3 replies
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Ok...

Let's say the domain I have is VirginiaWidgetMakers (dot) net

and, there is a company registered in Virginia called: Virginia Widget Makers LLC. They have and host a website on the . com.

However, this company name is not Trademarked, I assume for obvious reasons.

Am I still able to use this domain without the UDRP or other legal entity making me transfer it over at some point or other ?
#company #domain #names #trademarked
  • Profile picture of the author marketwiz
    I dont think there will get any problem if you are having domain which is having non trademarked keyword.
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  • Profile picture of the author kindsvater
    You are assuming the name has no trademark because it is not registered with the US Patent and Trademark Office. That is an incorrect assumption.

    Most trademarks are common law trademarks which exist simply by using the name. Even if there is no federal registration there are rights, and they can be enforced in a UDRP action.

    Federal registration creates a stronger trademark and gives the mark holder more financial leverage with damages and attorneys fees claims, but it is not necessary to create a trademark.

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    • Profile picture of the author Talent
      Originally Posted by kindsvater View Post

      You are assuming the name has no trademark because it is not registered with the US Patent and Trademark Office. That is an incorrect assumption.

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      No, I'm assuming it has no Trademark because the name of the business incorporated general and common words. State, location etc...

      In addition, they aren't even in good standing with the State Secretary's Office when it comes to the corporate commission...

      If they were unable to get a Trademark based on having generic, general and commons words in their company name that is only registered in the State - Not Federal - shouldn't I be able to use their name in a domain name?
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