Is it illegal possessing a .org domain for an already existing .com company

[elina]

I got a .org domain for an already existing .com company. I don't know why they were making that .org domain available. I am thinking of using the .org site for a different business completely different from the .com company. Is there any legal problem for such kind of thing.

[HTMLBasicTutor]

Is any part of the domain name trademarked?

[elina]

I don't know about it. I mean how do I check if any part of the domain name is trackmarked or not? The domain name is kind of an abbreviation of their company but not an exact abbreviation. Its some thing like XABX.com kind of thing where AB stands for the company company abbreviation.

[HTMLBasicTutor]

Look through the Trademark Resources sticky thread in this section for resources on checking trademarks.

[MuhammadWaqas]

if company is using domain name as trademark then dont go for that domain name.. just check trademark record..

[elina]

I looked into the links mentioned above and I haven't found the domain name in the trademark list. May be they are not using the domain name(which is the abbreviated form of their company name) as trademark and rather they might be using the long company name as their trademark which i could not find out for certain. So in this case, is is okay to use the .org domain for my other purposes.

[MayaLocke]

Do you mean can you own both the .com and .org for the same domain? If so the answer is yes. If you want to buy the .org of a domain that exists for a .com website that gets a little trickier.

[markov]

To be on safe side, you can avoid such domains.
Such domains can bring traffic in initial days but not in long run.

[turf]

my site has same problem too. if i can will register my site in the trademark registration for my own, can i file an infringement case to them?

[doctorbinder]

I don't think so. As per the registrar, both .com and .org site are different.

[Lechlak]

Seems pretty ridiculous you can claim domain extensions if you own one. I mean you should have to buy it if you want it. IS there a trademark fee?

[Jim Gillum]

Does anyone read the original question?

[Lechlak]

Let me re-iterate what I was saying : I do not see why you can't have the .org extension if someone else has the .com - otherwise they wouldn't be available - you would have to buy them all in package not separately.

[deepsand]

Originally Posted by Jim Gillum

Does anyone read the original question?

It's that obvious, huh? Which, of course, also means that they're not going to heed your post either.

Sadly, the behavior in this thread is the norm on most forums.

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[deepsand]

Originally Posted by Lechlak

Let me re-iterate what I was saying : I do not see why you can't have the .org extension if someone else has the .com - otherwise they wouldn't be available - you would have to buy them all in package not separately.

Can you factually substantiate your opinion that you've a legal right to use the same Domain Name as another simply because they've not registered all possible TLDs?

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[deepsand]

Those who mistakenly believe that anyone and everyone has a rightful claim to the Domain Name used by another, simply by using a different TLD, would be well advised to look to the appropriate Law.

One might begin at Domain Name Law & Domain Name Disputes .

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[ewomack]

The biggest problem with such domains is that the company owning the .com domain may decide to trademark. Unless you have a stronger trademark, they can then take the domain from you. But is it illegal? No. Could you get sued for trademark/copyright infringement down they road? Yes.

[breadnbutter]

If the .com is a trademarked entity, then by law the company owning the .com would have to take legal action toward you for the domain name.

[deepsand]

Originally Posted by ewomack

The biggest problem with such domains is that the company owning the .com domain may decide to trademark.

No formal filing is required for having a defensible claim to a trade or service mark.

Originally Posted by ewomack

Unless you have a stronger trademark, ... .

There cannot be multiple identical marks registered for the same class of economic activities.

Originally Posted by ewomack

But is it illegal? No.

To the contrary, it can quite illegal.

See Domain Name Law & Domain Name Disputes.

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[deepsand]

Originally Posted by breadnbutter

If the .com is a trademarked entity, then by law the company owning the .com would have to take legal action toward you for the domain name.

Whose Law? In any case, this is not necessarily correct.

See Domain Name Law & Domain Name Disputes.

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