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Someone registers a domain name for them self and leaves the nameservers directed to the registrar. (Let's say the domain is and the page is showing ads.).

Later on a company or person by the name JohnnyAppleseed comes along and registers a similar name (now that they've grown and decided they need an internet presence). After a little while, the company's ads show up on on

Can action be taken?..

Comments (6)

Actually, I believe it can be done. Though you cannot show bad faith registration, they would be able to show bad faith usage. It seems the company would have a TM (I don't know why Dave would say no???) which it acquires through usage. Now the company has to prove they are afforded TM protection in this scenario, but based on what was given, that should be no problem...

Comment #1

I put in no trademark no because it's a question of whether the party indeed.

Will be able to demonstrate trademark rights. Barring the dispute,.

Otherwise the company has no enforceable claims towards the registrant...

Comment #2

I don't know too much about this specifically, but have their been cases where a person won the domain without proving bad faith registration?.

Similarly, what if, for example: someone registers their actual birth name. Than a year later a celebrity comes along with the same name and that domain starts advertising the celebrity's website or movie or CD or whatever. The person can lose their domain to the celebrity?..

Comment #3

Unfortunately yes, as the registrant might be seen capitalizing on the person's.

Celebrity goodwill from his name. While not exactly as you described here, one.

Similar dispute that's still on-going is Keith Urban.

Confusing, no?.

Going back to your previous question since I forgot to mention: from what you.

Described so far the company has a tradename but might not be a trademark..

There's a difference between the two...

Comment #4

Thanks, Dave. I really appreciate your help.

In the "domain world", what would be the different between tradename and trademark? What would their differences mean in such a dispute?..

Comment #5

The link below can give you an idea, just google around for more:

Generally, unless the tradename also functions as a trademark, it just means.

Nothing towards a domain name bearing similar terms...

Comment #6

This question was taken from a support group/message board and re-posted here so others can learn from it.


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