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I have a website, I did not file for not-for-profit status. Its to increase consciousness about problems overseas. I want to arbitrate the dispute. The domain has been taken by someone who uses the site for advertising. I never filed as a not-for-...
There really isn't enough information here to give you a complete response, but trademark rights are created when a word or symbol is attached to goods or services which are offered to the public. Assuming your website displayed the same word or phrase used as your 2nd level domain name (in the web address www.Avvo.com, the trademark Avvo is the 2nd level domain name), you may have some common-law trademark rights in that word or phrase. If you do have trademark rights, then you may be able to regain the domain name under the Federal anti-cybersquatting statute. Finally, in order to obtain trademark rights, it is not necessary for you to file as a nonprofit or as a business. I would argue that you gained trademark rights by hosting a site that provided information on the specific subject to the public and that the public has come to associate your trademark with that information.See question
I am down the street from a company that is called stone warehouse. I would like to put up a sign that says come see our stone warehouse. I am using a different font for the lettering, and I am using all different colors for my sign. When he su...
If we are concentrating on just the words stoneware house, not some specialized design or font that goes with it, and if the company down the street is a warehouse that sells stone, then I would say that the company down the street does not have what is known as a protectable trademark. There are several different types of trademarks ranging from what are known as fanciful (e.g., Xerox, Nike) which are considered to be strongest or most protectable types of trademarks, all the way down to what are known as descriptive and generic trademarks. Generic trademarks are words that have become associated with a type of product, not the manufacturer of the product itself, (e.g., Elevator, Escalator Kleenex). There can be no protection for generic marks because those words have become part ordinary parlance and no longer described the manufacturer of the product itself. In the same vein, if a mark is considered to be descriptive there can also be no trademark protection. This is because, again, the trademark is describing a type of product not its manufacturer. Is it is helpful to keep in mind that trademarks are intended to protect consumers from confusing a product made by one manufacturer with a product made by another. Just above descriptive marks in the spectrum of protectability is what is known as a suggestive mark. A frequently used to test for whether a mark is descriptive or merely suggestive is the "who am I/what am I". If the trademark answers the question who am I., then it is probably suggestive or fanciful and therefore entitled to trademark protection. If the trademark answers the question what am I, then it is probably descriptive and not protectable. Here, the trademark stoneware house clearly answers the question who am I., therefore, the words themselves would not be entitled to trademark protection. You could probably distinguish yourself from your competitor by simply inserting your name in front of the words stoneware house (e.g., John's Stoneware House).See question