Eu conflict

[polo]

I hope someone can help. I got eu domain in LR and then i got mail from the owner of trademark that is the same as my domain. We didn't come to an agreement about price so he will starts adr (or lawsuit).
This is two words domain, one word is generic and another one is not generic but common. Domain is not active.
What are my chances here. And what can i do to increase my chances.
Thanks

 

[tanfwc]

If it is a trademark issue, then I think there is nothing you can do. Only wait for the domain to expire without any website.

I encounter before and you can't fight with trademark domain...So sorry, I can't help u much

 

[polo]

Thank you tanfwc, but i think it is not so simple. For example: there is no guaranty for trademark holder he will get domain if domain is generic.
And all trademark law are more grey than just black and white.

 

[stscac]

You can PM me the name and I'll see what I think about it.

-Steve

 

[labrocca]

Post the name...

 

[DNWizardX9]

say the name

 

[PowerUp]

How do you know that the person who emailed you is the owner of the business? Mabe it can be some middleman trying to cheat you of your domain name, and then resell it to the true business owner.

 

[polo]

I will not post the name at this time but i can send you pm.
PowerUp, to be sure you can check email and trademark owner.
Thanks

 

[labrocca]

After hearing the name (via PM) I think he stands a fair chance of holding the domain. I don't believe imho he is infringing. However rules for europe can be different.

 

[stscac]

After hearing the name (via PM) I think he stands a fair chance of holding the domain. I don't believe imho he is infringing. However rules for europe can be different.

Agreed. Although if what their site says is true, they've worked with some larger clients. Ths might work in their advantage if they are to take you to WIPO or ADR

-Steve

 

[labrocca]

I think he can ask them to purchase the name if they truely want it. He should start using it imho for another purpose that isn't related just to tick them off. If he stakes a mark for his own usage it will force them to pay even more for the domain. He has a few ways to combat this. Luckily for him he didn't park this at Sedo or some unforsaken place that will cause him problems. Tip #1...never park a TM domain if you want to keep it.

 

[polo]

Thank you all