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I don't have a trademark on my name. Again, I had planned on getting one, but trademarks, even at the online legal sites, are very expensive and it just isn't the type of money I can justify spending at this point.
I really don't care that much about the other domain, I just don't want them copying my idea since I'm really the only place online that does what I do, and I'm just now getting popular. Even though I haven't registered a trademark, is there anything I can do to keep someone from copying my idea and using that site for it since I've been using those exact terms for almost a year?
Were I to get a trademark, would I have any power over what happens to that domain even though my trademark registration came AFTER their domain registration? I don't want to steal anyone's domain away, but I don't want someone milking my ideas and using my name for it either.
Not looking for legal advice, I know that YANAL, just hoping for some input on what my potential options are. My website and I are both in the US, as is the registrant for the other site.
Were I to get a trademark, would I have any power over what happens to that domain even though my trademark registration came AFTER their domain registration?
Just repeat that to yourself a few times. Does it make any common sense?
That said, if you have been using the name in a "trade or business", then you may have some rights even though you have not filed a trademark. (But not deriving from your later filing of a trademark.)
Read the uspto.gov site (if in the U.S.), read the ICANN information, and then consult with an attorney, if it is worth the cost.
Obviously I couldn't register the name now and take their site away as it stands... I just want to know if I could prevent them from using it to more or less copy my idea by registering a trademark or if I'm already afforded a certain level of protection from simply having the name in use on my site.