Domain Empire

Big Corp + A New Domain

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Deaol

. .. deaol.com .. .VIP Member
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I registered a .mobi domain (has absolutely no TM period @ the time of registration) I am going to leave the domain + the "Big Corp" out of this .. for now.

Pretty Much In the past week This BIG Corp has aquired the .Com, .Net and .Info (no idea why not the .org) And the product they are promoting has everything to do with the Mobile Industry.

My question is, after looking at the previous owners of the .com .net and .info, only the .info was reg'd by this big corp originally. And There was no record that the .com and .net were sold to them. But they were both previously used as PERSONAL sites. So, any predictions if they are going to toss the legal actions @ me? The item in question is NOW TM'd but several months after I had the registered the domain.

Im not wanting some nasty email or phone call.. any suggestions?
 
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First, when you say "NOW TM'd but several months after I had the registered the domain.".... are you talking registered TM, meaning it was not even filed by the USPTO? Or are you saying the "product" was not in exsistance several months after you registered the domain? The advice is hugely dependent on a HONEST answer to this question.

A TM DOES NOT have to be registered to have TM protection. So when you say there was no TM at the time, that means the "product was never in existence at the point you registered the domain. Just because you don't know about it does not mean it does not exist. Additionally, it does not matter what the others sites were used or the circumstances surrounding them.

So at this point, it is completely name dependent on the course you should take. I do know this, your usage will tell volumes if challenged. If it is a parking site and you reference their TM or product, that is bad. If you have a site that has been and always will be not related to them, that helps you in the long run.
 
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has absolutely no TM period
NOW TM'd but several months after I had the registered the domain

You are legally entitled to the domain, in this case. It is the corporation's responsibility to ensure that the name/mark has not been used in the past; is not in use; and does not constitute a violation. You won't be able to sue them or force them to relinquish the mark, as you are not registered (unless I missed something) with a mark. However, you are entitled to the domain.

I am not a lawyer and my advice is not to be mistaken for that of legal council. If you have a legal issue, please contact an attourney immediately.

Jason
 
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Umm, most OP doesn't always tell the whole story are may not be aware of the circumstances. That is why I asked 2 specific questions to determine what he is talking about. So be careful how you answer without knowing the full situation
 
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You can keep the domain. They prob just bought all extensions so that they can protect their trademark.
 
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christian kriever said:
You can keep the domain. They prob just bought all extensions so that they can protect their trademark.

again, read the whole thread. When we get answers, then we could better help.
 
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