View Full Version : domain registration / trademark issue

01-08-2004, 05:46 PM

I was wondering if anyone could help me out with a question regarding an internet domain registration and trademark issue. It is a matter that I haven't found adressed anywhere else yet. Here it is:

Suppose that private person A registers the internet domain 'freanet.com' after determining that the name does not infringe upon any active trademark, but without having any intention of developing a business around it. He/she immediately offers the domain for sale - let's say for $10,000.

After 6 months person B starts a (previously non-existent) business and decides to register the name 'freanet' as their trademark. Would that put B in a position to claim the domain 'freanet.com' even though it was registered by A before B registered 'freanet' as a trademark?

Any insights about this situation are much appreciated.


01-08-2004, 09:17 PM
Nope. Trademarks aren't very strict and you generally only lose a domain if you registered it in bad faith (to milk someone for money). If you came first you have more rights to the name than person B and in fact person B might not even be able to get the trademark. Part of getting a trademark is doing a search to prove that no one else is using that name/symbol.

01-16-2004, 06:03 AM
Thanks very much for your insight, Chris. Much appreciated.