I've tried to find the answer to this question on the forum and google, but cannot find a definite answer.
I build and app. Lets call it, XYZ. But the domain name(s) XYZ.com and XYZapp.com are taken. Same with social media. fb.com/XYZapp and twitter.com/XYZapp.
-The social media pages for XYZapp have very little likes and very little activity.
-The XYZ.com looks like an old website, might still be active, I don't know. Looks like it hasn't been updated in ages, not as interested in this domain.
-XYZapp.com is taken, just 2 months ago, but domain is parked. (redirects to godaddy.com)
I understand the "first to use vs first to file" policy, but if I Trademark XYZapp or XYZapp.com can I legally be able to make them surrender the domain name? Does the "FTU vs FTF" even apply? especially since they haven't used it yet (except for just owning it)?
Will one trademark under XYZ do the trick? or will I have to file XYZ, XYZapp, and XYZapp.com separately?
A link to the first to use vs first to file information http://www.legalteamusa.net/tacticalip/2013/04/01/trademark-law-first-to-use-v-first-to-file/
All input is appreciated. I'll most likely consult with an attorney tomorrow as well.
Thanks!
I build and app. Lets call it, XYZ. But the domain name(s) XYZ.com and XYZapp.com are taken. Same with social media. fb.com/XYZapp and twitter.com/XYZapp.
-The social media pages for XYZapp have very little likes and very little activity.
-The XYZ.com looks like an old website, might still be active, I don't know. Looks like it hasn't been updated in ages, not as interested in this domain.
-XYZapp.com is taken, just 2 months ago, but domain is parked. (redirects to godaddy.com)
I understand the "first to use vs first to file" policy, but if I Trademark XYZapp or XYZapp.com can I legally be able to make them surrender the domain name? Does the "FTU vs FTF" even apply? especially since they haven't used it yet (except for just owning it)?
Will one trademark under XYZ do the trick? or will I have to file XYZ, XYZapp, and XYZapp.com separately?
A link to the first to use vs first to file information http://www.legalteamusa.net/tacticalip/2013/04/01/trademark-law-first-to-use-v-first-to-file/
All input is appreciated. I'll most likely consult with an attorney tomorrow as well.
Thanks!
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