If you incorporate a business in a state can someone still use a domain name of your corporate name?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If you incorporate a business in a state can someone still use a domain name of your corporate name?

The reason I ask is that we have incorporated and found that someone has that domain name. Can I legally make them quit using that domain name?

Asked on November 5, 2011 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

For a definitive answer, you have to check with an intellectual property attorney, who can evaluate all the circumstances, since the specific facts are critical. The short answer is that if they had the domain name before you, there is almost no chance you can stop them, particularly if they have a legitimate use for it (e.g. it's related to their name, their business, their services, even a hobby or a blog they do). If you incorporated first, then you *might* be able to stop them from using the name, if you can show that they took the name specifically to take business from you, to prevent you from using it for your business, etc.

But generally, registering or incorporating a business in a state is wholly separate from trademarking a name, and both are mostly separate from having and using a domain name. Only when there is evidence of some wrongdoing--e.g.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption