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new .TLD or .com ?

by biggerplay
3 replies
Something that's unclear to me. There's a lot of great .TLDs still available, but I don't understand what the legal situation is in regards to the same .com. Let's say someone buys top.management but topmanagement.com is already a website/business, can't topmanagement.com sue/stop that person from using top.management? and if so what's the point of any of these new TLDs? unless they are generic?
#tld
  • Profile picture of the author Gene Pimentel
    Only if there's a trademark involved. The point of the new TLDs? To give domain registrars an influx of fast profits.
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  • Profile picture of the author pxjenkins
    The new .uk TLD does give priority to existing .co.uk owners
    But as far as I'm aware, Gene is right...the issue would be trademark or 'passing off'
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  • Profile picture of the author Jack Gordon
    In your example, TopManagement, even if it is used, is not necessarily going to be a protected name. Many won't be.

    Legitimate trademarks typically have to be proactively protected to stay valid. I am guessing most that are not obvious TM violations will not be challenged. And, of course, all that are not registered as trademarks in the first place should be pretty safe.

    Of course, there will be exceptions. I would not knowingly use a new TLD to violate a TM any more than I would would do it with a .com
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