Need Advice

SachinG · Aug 14, 2015

Hi,

I have registered a domain about 2 years ago (2013) (etc... namehunk.gTLD) and someone has registered its trademark in 2015 does it something i should care about?

Regards

d-e-x · Aug 14, 2015

Dream Big said:
Did the landing page had ads.. thats why you lost the case?

Nope. Was not parked anywhere

And domain was reged a 3y before tm.
Got a cease and desist letter from Vienna and I have a trial which I was lost and domain too

Mohammad · Aug 14, 2015

If they are big company, try to sell the domain with high price. If they are not huge, you can keep the domain and sell them later (it's my idea only).

Dream Big · Aug 14, 2015

wdexw said:
Nope. Was not parked anywhere
And domain was reged a 3y before tm.
Got a cease and desist letter from Vienna and I have a trial which I was lost and domain too

Its not right. You registered the name before they filed for TM and you hadn't put ads on the page yet they won the case.. very unfortunate. Was the name generic?

SachinG · Aug 14, 2015

d-e-x · Aug 14, 2015

Dream Big said:
Its not right. You registered the name before they filed for TM and you hadn't put ads on the page yet they won the case.. very unfortunate. Was the name generic?

Yes, that is not ok.

but according to UDRP the owner of tm have all rights no matter when he reg. his tm.
Two words, generic+geo and the tm was on generic. Big company

and they put a tm in whole World on that word.

ulterios · Aug 14, 2015

Generic on not has no bearing these days as far as TM's.

SachinG · Aug 14, 2015

What happen in that case? They only ask you to hand over domain right?

Dream Big · Aug 14, 2015

wdexw said:
Yes, that is not ok. but according to UDRP the owner of tm have all rights no matter when he reg. his tm.
Two words, generic+geo and the tm was on generic. Big company and they put a tm in whole World on that word.

Generic+Geo name is not really generic IMO.

ulterios said:
Generic on not has no bearing these days as far as TM's.

I disagree with your statement.

d-e-x · Aug 14, 2015

SachinG said:
What happen in that case? They only ask you to hand over domain right?

When you got the cease and desist letter or infringement letter you have time to decide what next. If you decide to drop domain - that is that. You don't need to pay anything to anyone. But, if you decide to go on trial (my case) and you lose that trial (my case) you will pay and you will lose a domain.

d-e-x · Aug 14, 2015

Generic, Geo... even surnames can be TM.

The companies are protected and we are not.

SachinG · Aug 14, 2015

I'm really confused about this kinda business, you book a domain with your creative logic for example creativemombo.com and someone has register its TM after few years and just coz of they registered the TM you lost nice domain.

You cannot even use TM Registered word in your domain. You cannot even register other extensions if TM words are there.

What else is left? IF a Big company need a domain for there company if they found the domain is registered years ago and even though they register TM and sent you a cease and desist letter.

It seems domain portfolio business is ending soon. I have read entire UDRP rules and found its too much complicated. UDRP is more concious about the TM Owners.

d-e-x · Aug 14, 2015

Dream Big said:
Generic+Geo name is not really generic IMO

I said that to them but they want listen

ulterios · Aug 14, 2015

Dream Big said:
I disagree with your statement.

There have been cases where generic hasn't mattered.

Do some research and you will find out it doesn't.

d-e-x · Aug 14, 2015

SachinG said:
I'm really confused about this kinda business, you book a domain with your creative logic for example creativemombo.com and someone has register its TM after few years and just coz of they registered the TM you lost nice domain.

You cannot even use TM Registered word in your domain. You cannot even register other extensions if TM words are there.

What else is left? IF a Big company need a domain for there company if they found the domain is registered years ago and even though they register TM and sent you a cease and desist letter

Despite that there is a space

There is a difference between .com and ccTLD rules.
Check the UDRP carefully

SachinG · Aug 14, 2015

Yes, True. But Does other ccTLD has sell value in domain portfolio?

d-e-x · Aug 14, 2015

SachinG said:
Yes, True. But Does other ccTLD has sell value in domain portfolio?

That depends, but .com is a king

SachinG · Aug 14, 2015

Hi,

Amazing Written in the same forum category state "Consequences of Registering Trademark Domains" by User "Snobird"

"The only exception to these consequences would be if you registered that same trademarked name for use in a different industry. In that situation, the name is expected not to be confusingly similar to the other company's trademark. For example a trademark can be registered for a computer software company, and by someone else who may be utilizing that same trademarked name to sell swim wear. As long as it is clear that the name is being used for non confusingly similar industries, you should be alright. This typically works out for companies who have lower key trademarks and are not as well known on a national or global level."

So it can be done like this? Giving that domain a Small Hosting Account and put Under Construction and then at the backend sell the domain via domain market?

NameFit · Aug 15, 2015

wdexw said:
But, if you decide to go on trial (my case) and you lose that trial (my case) you will pay and you will lose a domain.

Interesting - I thought time always weighed when it came to TM. Is it that is more true for .com rather than other extensions? Also can you provide a link to your UDRP case?

cocaseco · Aug 17, 2015

IMO...don't delete until all other scenarios are exhausted and it is clear they are going to UDRP. They may offer to buy or at least reimburse you for your costs. I have had TM's where they paid me several hundred dollars and I transferred the domain to them. Given your situation, I'll bet they make you an offer. Its far cheaper for them to throw a couple bills at the issue than to litigate a solution.

hikari · Aug 18, 2015

Maybe an dumb question, but if the creation date of the domain is 2000, the trademark filed in 2005 and you buy the domain in 2014, can you still argue this domain was made before the trademark?

rixen.nz

sensyupado-plus.jp

dubladidattica.it

spaccioutlet.it

verdy-kusunoki.jp

primerolagente.pe

juventudcalasparra.es

euromed.academy

chronobatterie.fr

storeblue.co.uk

Need Advice

Established Member

Top Member

Established Member

Account Closed (Disallowed)

Established Member

Top Member

The Bear is Sticky with HoneyTop Member

Established Member

Account Closed (Disallowed)

Top Member

Top Member

Established Member

Top Member

The Bear is Sticky with HoneyTop Member

Top Member

Established Member

Top Member

Established Member

Established Member

Top Member

Established Member

Peritia.com

GoBike.com

Quickify.com

DragonFly.co

PostNow.com

Scribble.co

Pogo.io

Smart.Watches

reddragon.com

TaxRefund.ai

Similar threads

We're social

Peritia.com

GoBike.com

Quickify.com

DragonFly.co

PostNow.com

Scribble.co

Pogo.io

Smart.Watches

reddragon.com

TaxRefund.ai

Pinned

Appreciation

Preference

Appreciation

Upvoting

Agreement

Answers

Decisions

Relevance

Reaction

Facial expressions

Vocal expressions

Status

Workflow

Clarification

Feeling

Sympathy