Question.

[Akalon]

For an example, say I registered www.risingsun.com and registered the trademark "Rising Sun" but there was already a site www.rising-sun.com called "Rising Sun" but they didn't have that trademarked. In theory, would I be able to sue them?

[Giancarlo]

If that was possible, I would have an oil company sueing me for having glomar.net. ;)

[Akalon]

Dammit :(

Thanks GC

[meow]

Here it would be possible in theory (regarding company names) if the name was special and associated with your company/product. But domains are different. I think your name must be very well known for that to work.

Wasn't it Madonna that won a law suit about the right to the name in an URL? On the other hand f*ckmicrosoft.com can exist. :confused:

[cheatpark]

I couldn't see microsoft buying the name ----microsoft.com. It would be everywhere in the news if that happened.

[Who?]

u if pick a name and get a trademarks for it, then turn around and sue someone else who had the name before u then ppl would look at u as an -------.

[Robert]

If I remember correctly, the Supreme Court said an company name is not the same as a domain name. I think it was because someone had registered kmart.com or something like that and K-mart the corporation wanted to use them for the name.

[Dusty]

For an example, say I registered www.risingsun.com and registered the trademark "Rising Sun" but there was already a site www.rising-sun.com called "Rising Sun" but they didn't have that trademarked. In theory, would I be able to sue them?I don't know the laws of Australia, for all I know you form a ring and let a couple of dingoes fight it out, but I can answer for America.

First of all you don't provide much information. You call your company Rising Sun. Fine. Someone else already has a company named Rising Sun. That's fine too, happens a lot really. Are you in the same state as this other company? Do you deal in the same product? Could it be construed that either you or this other company are trying to use their similar names to confuse the customer or is it made obvious they are different? Have either of you filed your DBA for use of the name "Rising Sun" in lieu of your own? Does this second, untrademarked name belong to a corporation? There are more factors that just your trademarking the name. In some situation it could be quite the opposite of what you think, they could be the ones suing you-- not for the domain name, there are a different set of policies regarding that, but for use of the name.

[Giancarlo]

I did a search on glomar and it came up with this:

Glomar Baseball Bat Company
Glomar Maritime Agency (Greek)
Glomar Petroleum (Not listed in search engines, I already know this one)
Glomar Books
Glomar webhosting