Can a TM'd domain name be used in others' subdomains?

[randfish]

Many of the folks here are familiar with the SEOmoz domain that I started almost a year ago. Prior to its creation, the term "seomoz" did not receive any searches, nor did it have any results at any of the major SEs.

As I was searching GG this morning, I came across this - http://www.google.com/search?hl=en&lr=&c2coff=1&q=inurl%3Aseomoz+site%3Abogsearch.com - 108 unique subdomains and pages all using the term (and ranking rather well for it in seomoz searches @ GG, I might add). In addition, there is an seomoz.blogspot.com - which appears to be a real site.

I'm wondering whether I have the legal right to ask these folks to refrain from using my TM'd name in their URLs and sites? If so, what would the process be?

[JasonD]

Hi Rand.

If you actually own a trademark on the name SEOMoz then yes you can enforce however you wish people to use (or not) your trademark.

Unfortunately there is a difference between owning a trademark and thinking up a name a year ago. I don't know whether you own a trademark or not (And I suggest I don't really want to know :P ) but my advice would be to send a cease and desist letter on the basis of owning the trademark.

[Marcia]

There are Common Law rights even if trademarks have not been officially registered, and those are by reason of usage. There's some good info on copyright and trademark issues at

Chilling Effects (http://www.chillingeffects.org)

I'd take out an official trademark in your place, it can give a bit more teeth to demands when they need to be made.