If a domain name is not a registered trademark can I use part of that domain name in mine?

[archy]

I received a cease and desist letter today regarding a website that I am developing. My question is if the other party does not have there domain name trademarked or there name for that matter.. Do they have a right to shut me down?

For example

there domain let's say is www.homesforsaleiowa.com and i purchased www.homesforsaleINiowa.com and we both have the same service.. however my service is "Free" as opposed to them charging for their service..

Do they have the right to shut me down? I don't believe i am cyber squatting, nor am I doing it in "Bad faith" im just providing a free service,

Any thoughts on this?

[colfre]

Well the examples you used are way too vague for them to have a claim. It is true that they do not need a registered trademark to be able to protect their brand, so use your judgment in your specific situation. In my area there are countless variations of your example, all owned by different real estate agents. It is just too generic, so you could go ahead with it...

[hurst]

A company does not need to be a registered trademark to own the trademark.
- they existed first. they do the same thing as you. if there is a trademark to be had, I would they would win it.

I doubt either of you could get a trademark for that name... common names are not really allowed trademarks. For example: the shoe company, Chinese Laundry, http://www.chineselaundry.com/ is unable to trademark their name because it is a common saying.

You can continue and see where it goes.

[wilbart]

A company does not need to be a registered trademark to own the trademark.
- they existed first. they do the same thing as you. if there is a trademark to be had, I would they would win it.

I doubt either of you could get a trademark for that name... common names are not really allowed trademarks. For example: the shoe company, Chinese Laundry, http://www.chineselaundry.com/ is unable to trademark their name because it is a common saying.

You can continue and see where it goes.

You can but be prepared that if the person the trademark belongs to decides to they can take it from you. Most cease and desist letters like that are just a buff though.