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Domain Name Rights Protection
Summary
Your .Com domain, registered in 1999, is strongly protected under U.S. Law. The Austrian trademark does not grant rights over your domain in the U.S. Your logo, created in 2001, is protected by copyright. Jurisdiction for disputes is generally the U.S. Keep documentation of your domain registration and logo creation for potential legal disputes.Full Conversation
Follow up question: My logo was created in *, while their similar (to mine) logo was created in *. I was under the impression that, in the U.S., copyright automatically vests in the creator of an original work as soon as it is fixed in a tangible medium of expression, without the need for registration or a copyright notice. This means that the creator holds exclusive rights to their work from the moment of its creation.
You are correct that in the U.S., copyright protection automatically vests in the creator as soon as the work is created in a tangible form. Here are some key points:
- You hold copyright from the moment your logo was created in *.
- The third party's similar logo from * might infringe on your copyright.
- Trademark issues might still arise due to potential confusion.
Would you like to connect with a local lawyer to get more detailed advice on this matter?
- You hold copyright from the moment your logo was created in *.
- The third party's similar logo from * might infringe on your copyright.
- Trademark issues might still arise due to potential confusion.
Would you like to connect with a local lawyer to get more detailed advice on this matter?
I don't need a lawyer at this very moment. I am simply trying to ascertain my right and be forearmed against any legal actions they may take against me. I don't believe they have any claims against my domainname.com, but I don't want surprises. Moreover, they applied for trademark in the US but were denied registration. They only have a trademark from Austria.
Given the details you've provided, here are some key points concerning your situation:
- Domain Name: Your prior registration of the .com domain name in * gives you strong protection, especially since it's older than their trademark.
- Trademark Issue: Their Austrian trademark does not grant them automatic rights over your .com domain in the U.S.
- Logo Copyright: Your logo, created in *, is protected by U.S. copyright law from the moment of its creation.
It's important to keep documentation of your domain registration and logo creation. If they take any legal action, this evidence will support your rights. If you have any specific concerns or further questions, feel free to ask!
- Domain Name: Your prior registration of the .com domain name in * gives you strong protection, especially since it's older than their trademark.
- Trademark Issue: Their Austrian trademark does not grant them automatic rights over your .com domain in the U.S.
- Logo Copyright: Your logo, created in *, is protected by U.S. copyright law from the moment of its creation.
It's important to keep documentation of your domain registration and logo creation. If they take any legal action, this evidence will support your rights. If you have any specific concerns or further questions, feel free to ask!
Thank you for your legal opinion. Based on what you know so far, do they have any claims on my domain name?
Case Rating: *
Based on the information provided, it appears that the third party does not have strong claims against your domain name. Here's why:
- Domain Name: Your .com domain name, registered in *, generally gives you strong protection.
- Trademark: Their Austrian trademark does not automatically grant them rights over your .com domain in the U.S.
- Logo: Your logo, created in *, is protected by U.S. copyright law.
Would you like more information on any specific aspect?
Based on the information provided, it appears that the third party does not have strong claims against your domain name. Here's why:
- Domain Name: Your .com domain name, registered in *, generally gives you strong protection.
- Trademark: Their Austrian trademark does not automatically grant them rights over your .com domain in the U.S.
- Logo: Your logo, created in *, is protected by U.S. copyright law.
Would you like more information on any specific aspect?
Is the law on my side in this situation? For your information, I do have all the documents for my .com registration with GoDaddy (the largest registrar in the US). I do have my logo creation in tangible medium of expression.
Case Rating: *
It seems you have a strong position:
- Your .com domain registered in * gives you significant protection.
- Your logo is protected by U.S. copyright law from its creation in *.
- Their Austrian trademark does not give them rights over your .com domain in the U.S.
Do you have any specific concerns or questions about potential legal actions they might take?
It seems you have a strong position:
- Your .com domain registered in * gives you significant protection.
- Your logo is protected by U.S. copyright law from its creation in *.
- Their Austrian trademark does not give them rights over your .com domain in the U.S.
Do you have any specific concerns or questions about potential legal actions they might take?
Considering that they based their trademark name and artwork on my domain name and artwork, do I have a case against them?
Case Rating: *
You might have a strong case given the circumstances:
- Your .com domain predates their trademark.
- Your logo is protected by copyright from *.
- Their trademark is limited to Austria and was denied in the U.S.
Do you have specific concerns or questions about potential legal actions they might take?
You might have a strong case given the circumstances:
- Your .com domain predates their trademark.
- Your logo is protected by copyright from *.
- Their trademark is limited to Austria and was denied in the U.S.
Do you have specific concerns or questions about potential legal actions they might take?
At this moment, I do not have specific concerns or questions about potential legal actions they might take. But, if they decide to take an action against me, I want to be able to take an action against them. Moreover, I believe that the jurisdiction for this action is the US and not Austria. Correct?
Case Rating: *
You are correct that the jurisdiction for your domain name and logo disputes would generally be the U.S. and not Austria. However, if they take action, you should be prepared to respond accordingly. Keep all your documentation handy for any potential legal disputes.
Is there anything else you would like to know?
You are correct that the jurisdiction for your domain name and logo disputes would generally be the U.S. and not Austria. However, if they take action, you should be prepared to respond accordingly. Keep all your documentation handy for any potential legal disputes.
Is there anything else you would like to know?
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