Newark, OH asked in Copyright and Trademark for Ohio

Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain, which is an old non-updated fan page with logos & the name I own, but it is taken & paid for until 2023.

Can I legally send a letter or something telling them “We now own the name & logos” suggesting they turn over the domain after it expires?

What would you suggest to me as the new owner of Dazzlecorn?

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
  • Trademarks Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by the evidence of use or non-use submitted in court as evidence. It is very fact specific. A domain name is different than than a trademark. And rules for copyright are different than for trademarks. Use the Find a Lawyer tab to retain local intellectual property counsel who can review all the facts and advise you.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: Consult with an attorney.

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