Hello there,
I have a domain name say xyz.com
Another person is using the same domain name with his blogger account after I created it
Can I file a domain name Infringement? Is there a way I can Register a Unique Name Trademark for my domain?
Thanks,
Nuk
That is works for the domain names only. That is not work for domains names. I suppose a lot of people have something google.theirdomain.com. As for me that is a way to help XYZ trademark rather then stealing it. I hope you got what I meant.
But this guys is covering the same subject (niche) as me and indirectly a competition falsely. So I don’t have any way to stop him is it.
In theory nothing can stop you from registering a trademark. A trademark doesn’t necessarily have to be registered to effectively have one and enforce it.
That being said, unless “xyz” is a very unique term in an of itself, and the blogspot site is obviously feeding on the confusion with your site, I doubt you have much of a chance to fight against it without significant, possibly prohibitive costs.
You are confusing domain names and trademarks.
If you have registered a trademark for xyz for your industry in the US then you may have a claim for infringement.
Registering a domain gives you no rights outside of just owning the xyz.com domain. Just because you own that domain does not mean that someone can’t register xyzs.com or xyz.co.uk or use xyz in anything.
If you are well established and made a name for yourself under xyz and the person who runs xyz.blogspot.com is trying to pass off as your business or affiliated to you, then you may have rights in passing off depending on your national laws.
I would imagine in this case that the person running xyz.blogspot.com is perfectly within their rights to do so.
Again, I see nothing wrong with what he’s doing, but it may depend on the uniqueness of the “xyz” term.
If the site is about something quite common, such as red apples, and your xyz is “apples”, chances are you’re not going to be able to do anything about it. There would be no infringement to speak of. Trademarks are not about stifling competition or preventing the flow of ideas, they’re about protecting efforts and expenses made for establishing the trademark.