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Is a Domain Name an Automatic Trademark?

Posted by Zonk on from the oh-the-fun-of-squatters dept.

TheWorkingStiff writes "I registered a descriptive domain name (something like "thesimpledog.com") and started a blog on it. About a month later I get a threatening letter from a link farmer who owns "simpledog.com" The owner of simpledog.com is claiming that he owns the trademark to the words simpledog even though he has no real business or rights by that name other than a static page with some text and Adsense slapped on it. There is no product, service or brand whatsoever. Does simply registering a two or three word domain give you instant trademark rights to those words even though you've never done anything with them? Should I give up my domain to a link farmer who is trying to bully me, or does he have a valid right to any phrase he registers that isn't already trademarked?"

9 of 251 comments (clear)

  1. Re:Automatic Trademark? by Anonymous Coward · · Score: 5, Funny

    Since when do you have to register in order to have a valid trademark. If he's trading under that mark then he has an arguable case for having a trademark (TM) as opposed to a Registered Trademark (R).

    P.S. Please don't post further misleading advice under the esteemed Anonymous Coward label. You'll bring it into disrepute.

  2. Sucker by doyoulikeworms · · Score: 5, Funny

    I'm registering www.tehsimpledog.com as well as www.thesimpledog.net.

    Evil laughter.

  3. Re:ridiculous. by rking · · Score: 3, Funny

    Do you think www.whitehouse.com (Extremely NSFW in case you've never heard) - would exist if the good folks at www.whitehouse.gov had any legal recourse? The folks at whitehouse.gov don't want to make the case that they're trading under that name. In court they'd tend to actively claim that they're not for sale. Hence no trademark issue.
  4. Not even a real business or site by markdavis · · Score: 5, Funny

    simpledog.com isn't even a real website or business operating anything dog related. It is yet another one of those fake, front-end search sites.

    If I were you, I would just ignore them or send them a "get lost" type letter. Or better yet, send them a letter that LOOKS like a real response, but is titled "legal response to your letter (legalresponses.com)" and then lists:

    Click here for legal aid
    Click here for legal forms
    Click here for responses
    Click here for more info about letters
    Click here for improve your writing skills
    Click here for related searches about legalresponses
    (c) 2007 legalresponses.com . . . about us

  5. This story.. by RealityThreek · · Score: 4, Funny

    .. is just someone trying to get hits on simpledog.com. He's playing us all for fools.

    --
    :wq
  6. Re:ridiculous. by Nazlfrag · · Score: 5, Funny

    They're just diversifying which whores get on their site.

  7. Post His Email by reydar · · Score: 2, Funny

    So that everyone on this forum can personally email this guy and call him a troll.

    --
    ------- "I must create my own system, Or be enslaved by another man's" -William Blake
  8. Re:Automatic Trademark? by jaxtherat · · Score: 4, Funny

    You're technically correct
    Isn't that the best kind of correct?
    --
    http://www.zombieapocalypse.tv/
  9. Re:Is the poster or the link farmer American? by Stormie · · Score: 2, Funny

    If someone asks for legal advice online without telling us what country he's in, trust me, he's American.