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Copyright & Trade Mark Question

  • 14-08-2011 4:33pm
    #1
    DeanSmedley
    Closed Accounts Posts: 112 ✭✭


    Trademark as it relates to websites.

    Two Websites in a Hypothetical situation.

    Original is launched in 2008.

    Copy is launched in 2010.

    Original's domain name is: wordAwordB.ie

    Copy's domain name is: wordA-wordB.ie

    Original has trademark dating from March 2011.

    Copy has trademark dating from February 2011.

    If the Copy people take a challenge against the Original, who has the right to the name?


Comments

  • #2
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    There is really no simple answer to this question in reality. It would depend on many factors, including consideration of cybersquatting/typosquatting, the nature of the business, the size of the business, etc.

    Also, these matters are really supposed to be brought under the Uniform Domain-Name Dispute-Resolution Policy process AFAIK.


  • #3
    DeanSmedley
    Closed Accounts Posts: 112 ✭✭DeanSmedley


    Can I PM you the full story? I already have it typed, but changed it due to the forum regulations.


  • #4
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Probably better to take it to a solicitor in fairness. Sorry


  • #5
    DeanSmedley
    Closed Accounts Posts: 112 ✭✭DeanSmedley


    No problem. Thanks for your reply.

    If there is anyone else reading that is amenable to receiving the full story by PM just let me know.


  • #6
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    DeanSmedley wrote: »
    Trademark as it relates to websites.

    Two Websites in a Hypothetical situation.

    Original is launched in 2008.

    Copy is launched in 2010.

    Original's domain name is: wordAwordB.ie

    Copy's domain name is: wordA-wordB.ie

    Original has trademark dating from March 2011.

    Copy has trademark dating from February 2011.

    If the Copy people take a challenge against the Original, who has the right to the name?


    You're talking about two different issues here. On the one hand, there's domain name rights issues and on the other potential trademark infringement issues. As has been indicated by a previous poster the domain name issues should be ironed out by the UDRP.

    Without further details it's impossible to give an indication of which way this would turn out. I can't recommend you give out details here either so unfortunately you're going to have to get a solicitor involved.


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