Multiple parties entitled to use the same name

[hassen1]

Sometimes two or more companies may use the same name to sell different goods or services. Both Playtex Apparel, Inc., and Playtex Products, Inc., share the Internet site http://www.playtex.com, from which the computer user can follow hypertext links to information about products form either company. Such a solution is ideal for both Playtex Apparel and Playtex Products sine they are the only two companies who use the name, and they sell distinct goods. Such a solution may not be practical, however, when several companies use the name. For example, numerous companies have a registered trademark to use the name "Columbia" in some capacity. However, only one company, Columbia Sportswear Company, has the domain name columbia.com. Thus, Columbia Records cannot use columbia.com, and instead maintains a web site at columbiarecords.com.

This problem has resulted in litigation. In Juno Online Services, L.P. v. Juno Lighting, Inc., the Internet provider Juno Online, who had the registered domain name juno.com, brought an action against Juno Lighting after it registered the domain name juno-online.com. The Court dismissed all of Juno Online's causes of action, noting that, with regard to the Lanham Act claims, Juno Lighting was not using, and had no set plans to use, the juno-online.com domain name. There is also no indication from the decision that Juno Lighting ever intended to sell the domain name to Juno Online.

Sharing a web site is also an unlikely solution when two companies who deal in the same or similar goods share the same name. Both Rubbercraft Corp. of California, a California corporation, and Rubbercraft, Inc., an Ohio corporation with its sole place of business in Florida, manufacture rubber goods under the name Rubbercraft. Neither complained about the other's use of the name Rubbercraft until Rubbercraft, Inc., registered the domain name rubbercraft.com.

[mini_0]

I do not think that this is a very practical solution to a problem as there can be disputes arising out of these . Like two companies might not agree to have a share of one website . ALso , there might be performance issues like , if one company is gaining out of such a website and the other is not , then there can be additional disputes arising out of no concern . So I think that it is always better to do away with a similar name website that is completely yours and gives you complete control .