Discussion:
What is the name of your state? VA
hello all! if I was to register the .net name of a site that uses the dot com and then trademarked said name (its not trademarked) would I have any worries (legally) from the owner of the .com regarding my trademarked name and .net website?
Thanks
Answer:
Yes. It's called cyber-squatting and illegal.
Answer:
Yes. It's called cyber-squatting and illegal. I don't think so in this case. If the OP is going to trademark a name connected with his .net site, and, as the OP notes, the name is not yet trademarked, then I don't see where there would be cybersquatting. Now, if the .com owner is using the name as a mark in commerce, then it is possible that he has acquired some common-law or perhaps local (state) trademark rights, but it is hard to prove cybersquatting without a registered trademark.
In any event, if the USPTO grants registration for the name as a trademark, the OP shouldn't have anything to worry about from the .com owner. However, the OP should note that he also will not be able to keep the original .com owner from using the domain, unless the .com domain owner decides to infringe on the trademark. Registration of a trademark does not allow the holder to bar people from using the mark who were using it in commerce prior to the registration being granted.
Answer:
We'll see.