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Old 05-29-2018, 06:02 AM   #1
tuph5
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Default Company owns a .com website but has not registered the trademark

If a company owns a .com website but has not registered the trademark for the domain name or for the company name in any country, then i can just register the trademark in each country and force the company to pay me trademark infringement damages?
can i force them to give me the .com domain? or i can just force them to stop using the .com domain? Is it viable to do that even if the company has been using and operating the website for a while before the date that i filed for the trademark in each country?
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Old 05-29-2018, 10:05 AM   #2
adjusterjack
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Default Re: Company owns a .com website but has not registered the trademark

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Originally Posted by tuph5 View Post
If a company owns a .com website but has not registered the trademark for the domain name or for the company name in any country, then i can just register the trademark in each country and force the company to pay me trademark infringement damages?
can i force them to give me the .com domain? or i can just force them to stop using the .com domain? Is it viable to do that even if the company has been using and operating the website for a while before the date that i filed for the trademark in each country?
You can try, but it isn't going to work and is likely to get you sued.

A trademark doesn't have to be "registered" to be enforceable against aholes.
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Old 05-29-2018, 12:51 PM   #3
Burt 202
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Default Re: Company owns a .com website but has not registered the trademark

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Originally Posted by tuph5 View Post
If a company owns a .com website but has not registered the trademark for the domain name or for the company name in any country, then i can just register the trademark in each country and force the company to pay me trademark infringement damages?
can i force them to give me the .com domain? or i can just force them to stop using the .com domain? Is it viable to do that even if the company has been using and operating the website for a while before the date that i filed for the trademark in each country?
That is not a viable plan.
Once the company starts using the domain or even begins its legitimate planning activities, it has common law trademark and copyright protection that you normally will not be able to stop. It is not quite as strong a registered trademark protection but it is still very strong.

If you legitimately start to use the trademark yourself in a market where they are not active, you may get rights to keep the use for yourself. But that has to be in a real use situation normally.
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