Dispute with partner. If i get similar trademark done, can i stop him?

619 votes

Hi,

Going by what you have shared herein, it is advised that you may use the domain name if the same is not registered by your partner. Also please specify what documents your partner has in its possession in order to give more precise opinion...

Advocate Ankur Aggarwal LawRato

971 votes

My friend you have not given sufficient information in your query.But broadly, I can assure you that you cannot do whatever you have mentioned in your query. As per Law: If any specified domain name is very strikingly or confusingly similar to a previously registered domain name or trademark then firstly it won’t be registered but any accused domain name that has been registered, and is blatantly being used in bad faith will be removed from the register of the trademark/rectified.
However In case you were a co-owner of the trademark in question then case can be studied for a possible solution/if not then certain other legal solutions can be suggested.

Advocate Rishi Kulshresth LawRato

820 votes

Dear Concerned,
Please inform as to who coined the said domain name and what is the documentary proof, including emails with respect to this fact. You can always apply for the registration of the said domain. You can also seek restraint orders against your partner from using the said domain name as the same also involves your rights over the goodwill etc.

Advocate Avneesh Garg LawRato