domain name... copyrighted?

can anyone clarify?

[mattglet]

does anyone know where to find when a company got their name copyrighted? i ask b/c a company is trying to sue a friend of mine b/c his domain name that he registered 2 years ago has the name of a company, and they are trying to get him to transfer the domain over to them. sorry if that's confusing... so, we are trying to see when their name was copyrighted, to see if he bought the domain first. thanks for the help.

[hakre]

hi mattglet,

is the company in the same state/country like your friend? and: for which country do you need to get the copyright 'date'? and then the specific country law also can make a big difference... - not that easy!

[twoline]

First, I think you're confusing trademark with copyright, which are different things. You can check on trademark info at [tess2.uspto.gov...]

The important date in the US is the earlier of date of first use in commerce or registration. You can see both in the TESS system.

The fact that you have a domain that conflicts with someone else's TM doesn't necessarily mean you've infringed. For example, there are several companies that use the name "Imperial" in different classes of trade. Imperial Jade is a cologne. Imperial Margarine goes on bread. Imperial.com has nothing to do with either of these marks.

As long as you're not using the domain to compete with or confuse the TM holder's customers, you have a reasonable chance of defending your domain.

[mattglet]

well, my friend doesn't even have any content on the site. and he isn't using the domain for any commercial purpose. he just "has" the domain from things he was doing a few years ago, but longer does. so, to get to the point, he isn't doing anything to compete with the company, or trying to confuse anyone. the "parent" company is based in europe, and they have a subsidiary in the US. my friend is located in the US. does his case still look good for keeping his domain?

[digitalbrain]

you can search the us copyright database search. Also i suggest you start some business with the domain and if possible get the establishment licence , for the domain
for example if your domain is abcd.com get establishment licence with name such as "abcd internet" or "abcd computers" etc.
The original owner even if he has incorporated,copyrighted,trademarket,...or maybe even big corporate cant do anything abt it!

[fspigroup]

If your friend purchased the domain two years ago and now does not use that domain for any purpose comercially or not, the company trying to get your friend to transfer to them is being nothing more and nothing less then a bully.

For example i have a company called "FSPI Group" i have the domain fspigroup.com, My company deals with 19 markets and is legally trademarked and officially regesterd with companies house UK & Ireland.

I happen to know of a FSPI Group that exists and they have the domain fspigroup.net however what there FSPI translates in an akrinam is very differant to what it implies to my company.

Tell your friend to hang in there and if they have oferd to pay him $20 or so to transfer the domain NOT TO DO IT.

That domain name belongs to him and him alone that company should expect to pay up to $10,000 for that domain if they want it, and remember your friend is in a great position as it was the company that aproached him and not the other way.

Hope it helped.

Keep the peace