On Apr 29, 2005, at 6:07 PM, Adam Shirey wrote:
You'll want to discuss this with a lawyer if you really want a solid
answer.
To "secure" your trademark, register it or to have some solid, dated
proof. I've always heard that you can send yourself a sealed letter
that
is dated and contains remarks indicating you've trademarked some name.
As
long as it remains sealed (and the date is shown on the stamp by the
USPS
or your country's counterpart), it is valid proof, according to some. I
would go a little farther, having some indication of your trademark
notarized.
This is a myth, I'm afraid.
If you can prove your domain is pre-existing, I think you'd put up a
real
good fight if someone challenged you. There's no reason why you can't
have
mydomain.com/pepsi/, just like there's no reason why you can't write a
paper about Pepsi or discuss Pepsi with a friend. Having a trademark
doesn't give you full control over everyone using your trademark; it
just
gives you certain naming rights. For example, I can't create a type of
beer called Pepsi because they're too similar. Some would argue that
you
can't create ANY other product with such a name, even if they're
completely different industries. (IE - MySpiffy Soft Drink and MySpiffy
Shoelaces.) That's a matter probably better left for those whose
profession is legal interpretations.
Browsing the US trademark database shows that trademarks are granted
for the same mark, used in clearly distinct contexts.
--------------
Charles Yeomans
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