Dynadot

Trademark on my domain name???

Spaceship Spaceship
Watch
Hello everyone,

I own my domain name for a year and half. No trademarks on the name when I reg it. Did a Trademark search,come to find out someone trademark the name this month. Can I be subject for a UDRP or sued?
 
0
•••
The views expressed on this page by users and staff are their own, not those of NamePros.
The chance of a UDRP win by trademark owner is slim. But there are a few technical points that need to be established to confirm all is in order. Review point 3 (b) here. Again the chance of a Court case win depend upon technicalities that the trademark owner may be able to prove. I would suggest getting a consultant if you get either (UDRP or Court case) and not bother at this time.
 
1
•••
I own my domain name for a year and half. No trademarks on the name when I reg it. Did a Trademark search,come to find out someone trademark the name this month. Can I be subject for a UDRP or sued?

Just don't park the domain.

Parking tends to display ads/links related to existing brands and products. If your page displays one of those links your domain will be lost in UDRP.

It has happened to countless domainers, so be careful.

Without getting into complex UDRP language; use it or lose it. Establishing an eMail address is basic 'use' that has been accepted by UDRP panelists.
 
1
•••
You did nothing wrong. Short answer: you cannot be found guilty of infringing a TM that didn't exist at the time (and didn't know about). Unless the other party can demonstrate otherwise.
However, this move could neuter your domain name.
As said above, don't park your domain, be careful from now on.

Assuming you've been sitting on the name without developing it, then you accrued no rights whatsoever. Rights are derived from active usage.

If you are going to use it, make sure usage will not conflict with the newly-filed TM.

Can you be sued or UDRPed ? Yes, anybody can sue anybody over anything, especially in America. That is very unlikely though, because you need valid arguments to prevail. If you are lucky, the TM holder will approach you to buy the domain but no guarantee. He doesn't have the right to steal from you but he might be the last buyer you'll ever get for that domain.

Disclaimer: IANAL
 
1
•••
Thanks everybody. I was the 1st to hand reg this domain name before the trademark. Domain name was never parked, it's just a blank page.
 
0
•••
I think if the business was already established and well known prior to your creation of the domain name they may have a case, but if the business was not created at the time of your registration they will need one heck of a lawyer for you to lose it.
 
0
•••
  • The sidebar remains visible by scrolling at a speed relative to the page’s height.
Back