Does DCMA protect domain names?

S

sasquatch

New member
May 14, 2007
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I have a domain brand that I've been working for over 7 years. Recently someone decided to create a company under that same name with "domainnameinc.com" instead of mine which is domainname.com. Of course they are in the same niche.

This is a real brick and mortar retail store and online store.

Now since we are not incorporated in the same state I'm not sure there is anything we can do about it.

Since I have this copyrighted seven years ago, does DCMA do anything for me here?

Thanks for any advice
 


I would guess unless you have a registered trademark you are out of luck. Based on what I've seen on the web, copyrights protect original works that you author, how you express ideas. Registering a domain name is not a copyright. Just my opinion.
 
It boils down to how much your name is worth to you because you are probably going to have to spend a lot of it to try to do anything about it.

The first one to use the product in commerce is usually the one that wins this type of thing...
 
dont waste your money suing, you're established and have a long trading history, the other guy is new, he's not making any money, why bother?
 
TigerUK said:
dont waste your money suing, you're established and have a long trading history, the other guy is new, he's not making any money, why bother?
Click to expand...
Only problem with that is if you wait till the other guy does get big and starts making money it will be harder to win any legal action.
 
Just and update...
Had a meeting with a trademark attorney today. He said he believes our trademark will get approved. It can take 6mos to a year. However, it will be worth the wait since I will be able to bring down their website with a DMCA notice.
 
A bit late, but a DMCA notice aims to address copyright issues, not trademark. There's no T
in DMCA, after all.

If you serve a DMCA on a registrar for what turns out to be trademark infringement, they're
going to figuratively laugh at you.
 
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