Trademark Infringement

[lorrax]

Florida

I have a hobby site starting with ABC. Like ABCCooking . net , had it up and running since 2002 with the TM on my Logo. Last week someone put the same type of site on the . com version of the domain. Would I be correct if I tell them to take it down for Trademark Infringement?

 

[dee_dub]

Did you register the domain name as a trademark, or did you just put a "TM" on the logo?

If your competitor's domain name could potentially confuse the public into thinking they were affiliated with your web site, you could have an infringement claim.

You should also check out ICANN's Uniform Dispute Resolution Policy, and accompanying FAQ.

 

[Michael Wechsler]

Florida

I have a hobby site starting with ABC. Like ABCCooking . net , had it up and running since 2002 with the TM on my Logo. Last week someone put the same type of site on the . com version of the domain. Would I be correct if I tell them to take it down for Trademark Infringement?

Putting up a TM doesn't mean anything without a registration for a trademark. If you haven't done any interstate business (it's a hobby site) then you possibly don't even qualify for a federal trademark. Without more, it seems at best you may have a common law trademark which would not preempt this other site from using the name.