DenverCivicCenter,com - Possible to UDRP, or no?

[Seabass]

I have a domain similar to the one above, but from another city. The Civic Center forgot to pay the renewal, and they use a domain similar to DenverCivic,com as their main domain.

Well, they figured out that they did not renew and now they want it back. They have offered nothing and just sent an email saying they want to work on a solution.

They have no federal trademark but I am not sure if they have Common Law Trademark on it even after studying some case law. They have been open for about 10 years.

The name seems really generic to me as there are civic centers in almost every county and mid-size or greater city in the U.S., but you just never know what can be pushed through by some folks/companies/lawyers. So, I am wondering how to respond, if at all.

Does a name like this have common law rights - or is it just too generic?
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[DNQuest.com]

but I am not sure if they have Common Law Trademark on it even after studying some case law. They have been open for about 10 years.

Read the above part again, I'lll wait............ ok, you back? Now, they have been open for 10 years, do you think they participated in any sort of commerce during those 10 years? Do you think it is possible people think of this place when the name is mentioned or read? (IE- gain secondary meaning).

 

[Seabass]

Read the above part again, I'lll wait............ ok, you back? Now, they have been open for 10 years, do you think they participated in any sort of commerce during those 10 years? Do you think it is possible people think of this place when the name is mentioned or read? (IE- gain secondary meaning).

DNQuest, thanks for your reply.

I see what you are saying. So, you would say it is a slam-dunk if there is some confusion? What about other civic centers in the same city?

Would this not be the same as saying something like surfers confusing UniversityOfTexas.com with TexasUniversity.com? I'm sure there would be some confusion there...... but the TexasUniversity.com owner would be in the clear, correct?

Thanks,

Seabass
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[DNQuest.com]

Nothing is ever a slam dunk, just showing what will be shown to a person or panel of people who may have an opportunity to decide the domains fate.

Since we do not know the actual name, it is a tough call. TMs may have a term or terms in it that are not given exclusive rights. Civic Center could come under that type of evaluation. Usually, the TMed named would be "City" then "venue" with venue alone being a TM.