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How to avoid trademark conflicts starting from scratch?
webart




msg:4355534
 2:02 pm on Aug 26, 2011 (gmt 0)

Greetings to all,
How to register a website and make it a brand globally such that the trademark , copyright belongs only to one only.Its like , say we start a company from scratch and registering a domain "mysite.com" and registering the company in its local country, example India and Using the TM symbol in its site also and having plans to make its business worldwide.Now later in a month , someone from other place , say Canada register "mysite.net" and register his site "mysite.net" in his local country.Now if the former , who holds "mysite.com" want to have his business in Canada ,there comes the conflict.How to avoid such conflict from beginning itself, i mean , starting from scratch and make the brand global by avoiding the issues of trademark copyright conflicts?Please ,any advice.Thanks!

 

HuskyPup




msg:4355594
 4:12 pm on Aug 26, 2011 (gmt 0)

Welcome to WebmasterWorld webart

No doubt Webwork will come along and give you a little of his legal advice, the question is are you prepared to invest in a copyright lawyer immediately?

It's going to cost and that will depend where you are located, in the US one of the first ports of call for you to read and learn is here:

[copyright.gov...]

That should get you started, good luck.

buckworks




msg:4355735
 12:52 am on Aug 27, 2011 (gmt 0)

Definitely, get professional advice about trademark registration for every country where you think you might eventually do business.

later in a month , someone from other place , say Canada register "mysite.net"


If that happens, you have been negligent.

Take the commonsense precaution of registering the most obvious domain variations for yourself, right from the beginning. Don't leave an important one like "mysite.net" open for some outsider to register!

Try to register Example.com, Example.net, Example.org, and Example.tld for your own country. Also, for the .tld which will you will use for your main site, register predictable spelling errors, and the hyphenated version if your domain name contains more than one word.

Try also to register Example.tld for countries which use your language, or where you might think of doing business later. If need be, get local legal help for countries which restrict ownership of domains by foreigners.

Cover the basics but don't become obsessed about registering every possible variation. There comes a point where you could spend more on defensive domain registrations than it would cost to sue the occasional squatter who registers one that you missed.

Leosghost




msg:4355755
 1:40 am on Aug 27, 2011 (gmt 0)

IMO also get the "plurals"..and the dot info..and probably the dot co dot uk.

I would also recommend registering a limited company with your desired name in the UK ..and an LLC in the USA ..and registering companies in any jurisdictions that you want to protect your trademark(s) in..

Registering a trademark everywhere will be very very expensive..and for your legal work ..you need a lawyer specialised in "trademarks"..not copyrights..the two areas of legal expertise "overlap"..but a specialised "international" trademark lawyer is the variety you need ..for now ..if you can afford it/them.

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