Two hypothetical name issues.

Valt · May 5, 2006

The names below are simply for the purpose of this hypothetical example - apologies to whoever may own them:

Say you register a name like LeftBrainIQ.com

Then you discover that there is an existing/operating site named BrainIQ.com and that company has trademarked their business name.

Can BrainIQ.com take exception or have claim against LeftBrainIQ.com?

OR

Say you register BrainsIQ.com (plural version) - Can BrainIQ.com come after you and take the name?

Thanks in advance for any responses. I get a little confused with what is considered infringement!

Valt · May 6, 2006

Anyone have an opinion?

I'm still new here. Should I have posted this in a different place?

Thanks,
V.

katherine · May 6, 2006

I'm afraid there is no clear-cut answer.

If you have registered a name before a brand of the same name comes into existence then you should be OK.
If you register the name after the same (or similar) brand has come into existence then you might have issues.
It all boils down to the likelihood of confusion between your domain and a bona fide entity bearing the same name (or a similar one).
Another factor is establishing the alleged bad faith of the domain registrant (ie. if a dispute is filed against you).
Please note that a company may assert their rights even if they have no trademark. Having a TM is not an absolute protection, and not having a TM does not mean having no rights.

This is not an authoritative answer as I'm not a lawyer. Law provides answers to most questions, and common sense the rest :shy: