Asked on Mar 23rd, 2013 on Business Law - California
More details to this question:
If I own a active online business with a .co domain and the .com is trying to sell my active name to a buyer who wants to compete against me, leverage the name I have built - and I have a trademark for the model (example selling baby products) - do I have any protection here - I want to buy the .com but they sellers are asking way to muh, but I can buy the .co and set up the trademark - example www.babyproducts.co does online and offline retailer if baby products - what happens if the .com sells and someone tries a similar or same model?
There are several legal protections for you, all of which are grounded in trademark law and arise from the likelihood that consumers will be confused into thinking that "their" products or services emanate from, or are sponsored by, you. These include administrative proceedings for transfer of the domain name under the ICANN rules, as well as conventional trademark litigation in federal courts. If you will call my office during business hours at (203) 399-1320, we can discuss the facts of your situation and how it might be appropriate for you to proceed. If it is not, for some reason, the kind of case I handle, I will be happy to refer you to other counsel.
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