trademarks and domain names

[townhaus]

Check this out

How Groupon Bought The Domain Groupon.com [clip] | Business Tips

Groupon.com was already taken by a guy in england, before groupon as we all know it was born. They were using groupon.thepoint.com , but then trademarked the name which meant that the guy who owned the domain in could apparently no longer legally do anything with the site.

I have a great domain for a new business, but want to bootstrap and would rather not spend money trademarking the name if i can get away with it, until i have some money coming in from sales. I fear that someone might pull the same trick.

Did groupon only manage to get away with what they did because there was no existing site sitting on the domain, whereas if ive actually got something up and running this wouldnt be an issue?

I understand that whatever you say isnt to be taken as legal advice and all that, but any input from anyone who has any idea on this would be much appreciated.

 

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[hedgehog757]

Check this out

How Groupon Bought The Domain Groupon.com [clip] | Business Tips

Groupon.com was already taken by a guy in england, before groupon as we all know it was born. They were using groupon.thepoint.com , but then trademarked the name which meant that the guy who owned the domain in could apparently no longer legally do anything with the site.

I have a great domain for a new business, but want to bootstrap and would rather not spend money trademarking the name if i can get away with it, until i have some money coming in from sales. I fear that someone might pull the same trick.

Did groupon only manage to get away with what they did because there was no existing site sitting on the domain, whereas if ive actually got something up and running this wouldnt be an issue?

I understand that whatever you say isnt to be taken as legal advice and all that, but any input from anyone who has any idea on this would be much appreciated.

I had no idea that was even possible

 

[LamboMP]

"1. You can establish rights in a mark based on use of the mark in commerce, without a registration.

2. It is not mandatory to obtain a federal registration in order to acquire rights in amark.

"

This is from the USPTO book on trademarks. My best guess is that if that person was using the website with its original intentions, those that filed a trademark would have lost because the original owner would have had common law rights to the name.

ALSO ADDING: the original owner therefore could still use that name, under a different goods and services categorization.

** Disclaimer: I'm not an attorney, not providing legal advice. **

 

[Trevor Kuntz]

Wow, I didn't even know that was possible!

 

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[Trevor Kuntz]

At least the guy got $250K for it. I'm sure that's a nice turn-around compared to what he probably bought it for!