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 Dazzlecorn.com, 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?
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
A: Consult with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.