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question Trademark Infringement Question

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Bernard Wright

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I will withhold my actual domain name, but let's say, hypothetically, that I have owned betimely[dot]com for a few years. I have not developed the site, but I have a redirect to my friend's CPA firm, because why not. And I live in the USA, by the way.

In the past few years an entrepreneur has started a watch-making and retailing business, and they have been granted the USA trademark "BTimely". They sell their branded watches at btimely[dot]com (without the e).

If I now use my domain to sell watches of competing brands, or perhaps even a BeTimely (with an e) brand, what's my exposure? Of course, lawsuits are always a possibility, but perhaps someone here knows of similar cases that have already transpired, and their outcomes.
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
If I now use my domain to sell watches of competing brands, or perhaps even a BeTimely (with an e) brand, what's my exposure?
This is a great way to lose a domain at Wipo. If you piss people and give them the ammo they will shoot and see what happens.
 
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Is this the case even if I sell watches, but with no BeTimely branding? Their BTimely trademark prevents me from selling watches at all?
 
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Just because you registered the name before that TM came into existence, doesn't mean you can start trampling on their rights and profiting from confusion.
Some people have lost valuable domains just because they were parking them, and the pages displayed sponsored links to competitors, links over which they had no control. Bottom line: don't park valuable names.
 
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Hopefully some legal experts (not me!) will weigh in but I think the issue is whether it is confusingly similar. I think most would think so.

If you had both registered the domain name and been using it to sell watches before the other company came on the scene, even if you had not registered it as a TM, your rights would be more clear.

As I said, not legal opinion, and some UDRP decisions lately totally amaze me.
 
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