Corporation Trademarks name after I purchased domain

[RHOL55]

I have purchased a lot of name relating to the “RFID” industry starting several years back and have been registering new names as the technology develops. One of the names I registered was EPCG2.COM and currently have it for sale at SEDO.

Just today online I found this legal notice from the SmartCode ™ that they have a Trademark on the name EPC G2™ that was acquired AFTER I purchased the domain name.

(see Intellectual Property paragraph)

http://www.smartcodecorp.com/legal_notice.asp

In reference the terminology, it was there and used as EPC Gen 2 in text and my idea was to go shorter with EPC G2 which in time actually caught on. (neither name had a Trademark at the time of my domain purchase)

Is this a bad sign for me since I did not purchase Trademarks rights to my domain name?

Or could this be a good sign that this company wants to use that name in the future as a pointer to their website and may be contacting me to purchase the name?

My gut feeling is I’m screwed on the name because I don’t have a Trademark on it. If so I am probably screwed on all my domain names then. I own other good ones like “RFIDCHIP.COM” and “EPCGEN2.COM”, “UHFRFID.COM”

Are all these names at risk?

I appreciate knowledge from those that know.

Thanks

 

[DNQuest.com]

There are several things at play here......

1 - Trademark can be attained though comercial usage. It does not need to be filed or registered.

2- you cannot purchase trademark rights. It is earned through commerce (or potential commerce IE - a new product launch). It is something that needs to be worked at.

3 - If they were using the name before you registered the domain, they have rights and can come after you.

 

[RHOL55]

Thanks for your reply.

Your statement # "3 - If they were using the name before you registered the domain, they have rights and can come after you" Is interesting.

When I registered the domain I did a Google search over the internet and there was not one item referring to the terminology at the time. This term was never used because of the new field it is in. Mostly the term EPC GEN2 was the normal reference. Only in recent months has the EPCG2 terminology began to be used.

This is something that I have just realized that could have devastating effects on the owners of such domain names regardless of how long you have owned a domain. An idea that once was in an infant stage and has matured, could suddenly be jerked out from under you due to Trademark infringements.

 

[Element]

I would try and sell the domain to the company itself so they couldnt sue you.

 

[Dave_Z]

Just remember that they have to prove it first. If they can, then it's your turn
to prove otherwise.

Life's full of risks and rewards...

 

[jberryhill]

An idea that once was in an infant stage and has matured, could suddenly be jerked out from under you due to Trademark infringements.

Why do you believe that? From this thread, there is insufficient information to determine the relative dates of priority, and several other factors. But you believe you are "screwed" for no apparent reason.

Try googling "epc g2", and then come back and tell me whether you believe "epc g2" is distinctive of the goods and/or services of an exclusive source....

 

[BurninDragon08]

That would suck! If I bought a domain name then someone trademarked the name I would be pissed.

 

[RHOL55]

Thanks jberryhill on enlighting me with the fact...

" Try googling "epc g2", and then come back and tell me whether you believe "epc g2" is distinctive of the goods and/or services of an exclusive source...."

My ignorance in combining the definition of a Trademark/Patent/Copyright shines bright. I appreciate you allaying my worries so now I'm looking at that "big fish" in the water hoping I got the bait he wants!

If I hit a snag, I'll look you up!

Thanks again!

 

[cache]

interesting, let us know the rest of the story.

 

[homebuyer]

Generic names

Hearing stories like this one is why I like descriptive generic domains like my DomainDisputeAttorneys.com.

On a related note, you should never decide whether or not to defend your rights to a domain until after you have conducted at least some measurable level of discovery. You'd be surprised at how many complaining parties make erroneous assumptions, leaps in logic, and cite phantom law in their demand letters.

I just made a lawyer go away mad. He had attempted to reverse domain name hijack one of my law domains by claiming, in part, that his firm had a TM of my LLattorneys.com. I discovered that his firm had been using LLLattorneys.com and the middle L partner had left within the last week or two. The lawyer then admitted to me that "it was only logical that the firm would migrate from LLLattorneys.com to LLattorneys.com." State bar records still showed his site as LLLattorneys.com.

Had I not conducted limited discovery I wouldn't have known what the reasoning was behind his TM beliefs. He also didn't grasp the concept of discriptive generic domain names. Also, get this, when I told him that I would claim reverse domain name hijacking he wrote back calling it "a cute term to be added to his cyber dictionary." That told me he didn't know anything about domain law. One more thing, he also said he had a cause of action for presumptive infringement. The last time I checked, it was only a presumption and not a cause of action. Furthermore, presumptive infringement is typically when someone changes someone elses existing patent or copyrighted material. Of course, I am no IP lawyer, but I told him I couldn't see where presumptive infringement applied. He also claimed a few other C/As but he had no evidence to support them either; just wild speculation, and he said he wasn't interested in hearing about my business plan for my domain portfolio. Sounded like a deliberate avoidance of knowledge to me. I really dislike this kind of lawyer.

 

[jmweb]

Thanks for your reply.

Your statement # "3 - If they were using the name before you registered the domain, they have rights and can come after you" Is interesting.

When I registered the domain I did a Google search over the internet and there was not one item referring to the terminology at the time. This term was never used because of the new field it is in. Mostly the term EPC GEN2 was the normal reference. Only in recent months has the EPCG2 terminology began to be used.

This is something that I have just realized that could have devastating effects on the owners of such domain names regardless of how long you have owned a domain. An idea that once was in an infant stage and has matured, could suddenly be jerked out from under you due to Trademark infringements.

You should be using more then google to check for trademark issues.

 

[jberryhill]

You should be using more then google to check for trademark issues.

Given the ability of the average poster here to understand what they come across in a search of various trademark databases, Google is a much better method to get a quick read on whether a party is using a term in commerce in a manner that is distinctive or well-known.

 

[tsj5j]

You should be using more then google to check for trademark issues.

Given the ability of the average poster here to understand what they come across in a search of various trademark databases, Google is a much better method to get a quick read on whether a party is using a term in commerce in a manner that is distinctive or well-known.

I agree, Google is very competent.

Anyways, take this chance to sell the domain back to them, I bet thats what they want anyway. Who knows, they may pay you slightly more...