Please help?

[okmachan]

I won the bid for an expired domain auction. I made the bid without knowing it was a previous trademark of a company. The company has a two word longer domain name but they used a combined short name as the company name. The situation is like this,
(These are made up names)
Company domain: WishfulTelevision com
Company name: WishTe inc
Domain I registered: WishTe.com

I made the bid cos i was thinking of the potential of the first keyword. When i search the name on google i found this company that sells totally different thing. (Second keyword is the product) Trademarkia showing as trademark was registered first but then abandoned. ("ABANDONED - NO STATEMENT OF USE FILED") My question is can this company still sue me for this?

Thanks for your time.

 

[anantj]

You should consult an IP lawyer for legal advice. There are a lot of factors to be considered before stating that the company can or cannot sue me.

Well, technically, they can sue you no matter what. Whether they are successful or not depends on factors which a lawyer can better advise you on and help you avoid potential pitfalls

 

[okmachan]

I’m not a big domainer. Consulting a lawyer would be my last choice. Has this happened to anyone here? Or do you know the outcome for similar situations?

 

[1Darko]

I would recommend to remove all the domains you stated in your thread!

 

[enlytend]

A trademark uniquely identifies a provider of certain goods and/or services. Common law rights may apply even if the trademark isn’t registered.

Whether or not you’re “safe” depends on the details - the specific domain and company names, where they do business, how long they’ve been doing business under that name, how you are using your domain, etc., An intellectual property lawyer is the best one to make that judgement and advise how to proceed.

Infringement is based on usage, not just words. One thing you can do is make sure you don’t have any ads for the same types of goods and services they offer. It may be tempting, but it’s the fastest way to lose your domain if they have a case.

 

[okmachan]

Thanks guys. Really appreciate your feedback.

 

[okmachan]

I would recommend to remove all the domains you stated in your thread!

I can't edit the thread now

 

[domains21]

I can't edit the thread now

Use the Report option on your post and ask for the domains to be removed from the post.

 

[okmachan]

Use the Report option on your post and ask for the domains to be removed from the post.

Thanks. Will do.