I get your point. Date of registration precedes that trademark so one is safe.
But many a times these UDRP'rs use these outbound emails we send them to prove that we registered it in "bad faith".. what am I getting wrong?
Even if in the end, you win the case, legal costs I've heard are about 5k or so..
It is the case that you do need to 'know your stuff' when it comes to TM.
You are reading the cases, so that is a big plus in understanding them.
Make sure you understand 'the judgements'.
Legit or not, many will just try to bully you in letting go. Can be cheap and quick for them and you need to know if 'YOU HAVE RIGHTS' as well. The best way of making some claim to rights is being a web developer and not intentionally buying brand names with marks. History can be used against you even if you don't do it anymore.
Your understanding of it all will tell you better what to do and what not to do.
I have a few names that my ownership predates a TM. One of them has registration but in only 2 states.
(read all the print of a mark) And the ownership of it is held in a 3rd state where there are no taxes on the value of the TM.
That one I worry nothing about unless I were stupid enough to host something confusingly similar with it or try to sell to one of their competitors for traffic. That is bad faith.
A mark is a whole word or graphic.. 1 each for every specific product or service. And only one. And they need to be specific for protection.
Oculus that you know is not the only Oculus. There were many before them and still active. Go to the TM database and look them up and see the difference and that will help you understand.
But the one you know is actually Oculus VR. Oculus is generic.
Then read on Google's attempt to reg the term 'GLASS' as it did not go over well. They could have reg'd the term Google Glass, but chose to try to own a generic word.
Then look up Niki as to all the goods and services they say they want to protect with a
generic name of the 'god of victory'. While a lot of it is challengable, most of us do not have the money to stand up to them and they will get away with that. For now. They never push a case they think they might loose. But they do not own the word. But are aggressive in protection.
Because they have the money to do it and they know they built around a generic word.
This is the most important part of domains, so don't be shy, read-up. It's your money. Or not.
redirects to joinvibe.com
it's often just a crappy cover to make it look like theyre going to use the name for something other than TM infringement/reselling. What has "HTV VR" have to do with joinvibe?
That's hilarious
