Re:Running Costs of a SaaS app
by csomar on Monday February 20, 2017 @01:46PM
(#13689792)
I was actually asking because I got an ethically-questionable, evil idea: If you are owning the Cushion word, can you sue for the domain name cushion.com?
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No. The trademark must be registered and exist at the time the domain was registered and that the domain owner knowingly and intentionally registered the trademarked domain name.
how sure are you of this? I have owned a domain since 2003. a few years back a new startup named <domain> inc tried to buy it from me. they ended up getting domain.org but I checked recently and they registered the trademark. I was reading that I have only a few years to appeal it showing I am harmed by them. I did not read anywhere that they could not sue me
Not legal advice, but fun reading: http://nissan.com/
If you mean trademark, it must be registered under one or more of the many[1] categories of business in which a trademark can be registered, which means the same mark can be registered by different companies as long as there's no "substantial likelihood of confusion," so whatever you mean by "owning the Cushion word," it's going to have to be something else. It's not as easy as registering in all possible classes, which in itself is quite expensive.
1. http://www.nolo.com/legal-encyclopedia/trademark-classes.htm...