question I need an explanation on cybersquatting

[Michael Oje]

I recently registered a plural domain (wasn't aware the singular version existed). I listed it at the marketplace and did outbounding. I later received a reply from one of the potential end users I reached (apparently the owner of the singular version), accusing me of cybersquatting. He offered to buy the Domain at $20 but I rejected. He has retained a lawyer who mailed me and wants to make a case. Please what can I do? Thanks as I await good responses.
Note: I've checked and the domain name) singular) is not trademarked.

---

Related: Wikipedia on Cybersquatting

 

[maya-zir]

What is the name?

 

[Michael Oje]

I just want to know if it is wrong to register and sell the singular or plural version of an existing domain name.

 

[maya-zir]

All depends on the name...
If it is a dictionary name or not trademark - just ignore them.

 

[gilescoley]

Where did you check for trademarks?

 

[maya-zir]

Where did you check for trademarks?

it is 3 dictionary word domain
I dont understand Undevelopped reaction, they asked to remove the domain

 

[maya-zir]

I asked @Michael Oje show the name here, it is weird for me

 

[Michael Oje]

Where did you check for trademarks?

I used trademarkia

 

[gilescoley]

it is 3 dictionary word domain
I dont understand Undevelopped reaction, they asked to remove the domain

Yeah, but they dont have a case if its not trademarked. Whether its a dictionary word or not, thats irrelevant, Apple and Orange are dictionary words and are trademarked.

I'm just asking what site he used to check for a TM

 

[maya-zir]

@Michael Oje
write the name, make .jpeg and show it here, you will get more opinions

 

[maya-zir]

Yeah, but they dont have a case if its not trademarked. Whether its a dictionary word or not, thats irrelevant, Apple and Orange are dictionary words and are trademarked.

I'm just asking what site he used to check for a TM

city+word+boats

 

[gilescoley]

I used trademarkia

Is it a 1 word name? If 2 or 3, have you searched the whole phrase.

PM me the name of you want

 

[abdou01]

it is 3 dictionary word domain
I dont understand Undevelopped reaction, they asked to remove the domain

Hi @mayazir excuse me I don't speak English very well, but when reading your quoted message I understand that you and @Michael Oje are the same person, am I right?

 

[Bob Hawkes]

I am NOT a legal expert but offer the following that I believe to be true.

• Trademarks can be enforced if they were established by use, even if they were not registered.
• However, a use based or registered trademark does not prevent in all cases others from using even the identical one. It just must be for clearly a different purpose and not create any confusion. Others have pointed out Apple as an example - clearly someone can't use it for a computer related company, but there are lots of other registered Apple trademarks for other products.
• Having registered the singular domain name prior is largely irrelevant imho - what is critical is whether they have registered or established TM rights with that name.
• If they have it comes down to whether your name is generic or confusingly similar. For example if I have been using dog and you register dogs I suspect you are on safe ground. If you registered TheCanadianDogPlace and established rights, even without a registration, I think a UDRP would take away TheCanadianDogPlaces (both of these are just made up examples, hopefully not real names!).

Bob (not a legal expert)

 

[maya-zir]

Hi @mayazir excuse me I don't speak English very well, but when reading your quoted message I understand that you and @Michael Oje are the same person, am I right?

Not.
I just PMed him and asked the domain name.

 

[maya-zir]

I am NOT a legal expert but offer the following that I believe to be true.

• Trademarks can be enforced if they were established by use, even if they were not registered.
• However, a use based or registered trademark does not prevent in all cases others from using even the identical one. It just must be for clearly a different purpose and not create any confusion. Others have pointed out Apple as an example - clearly someone can't use it for a computer related company, but there are lots of other registered Apple trademarks for other products.
• Having registered the singular domain name prior is largely irrelevant imho - what is critical is whether they have registered or established TM rights with that name.
• If they have it comes down to whether your name is generic or confusingly similar. For example if I have been using dog and you register dogs I suspect you are on safe ground. If you registered TheCanadianDogPlace and established rights, even without a registration, I think a UDRP would take away TheCanadianDogPlaces (both of these are just made up examples, hopefully not real names!).

Bob (not a legal expert)

The plural was registered much before the singular.
Then the plural was dropped and the guy hand reg it again.
It is 3 word domain name: city+word+boats, it cant be TM.
I dont know why he didnt want to show the name here

 

[Want2learn]

How much do you want for the name? Maybe he will purchase it still!

 

[Bob Hawkes]

It is 3 word domain name: city+word+boats, it cant be TM

Thanks for the additional information, and I totally admit I could be wrong, but I believe a city+word+boats could potentially be trademarked or rights established as a business name through use. I might be wrong, just my opinion.

 

[maya-zir]

Thanks for the additional information, and I totally admit I could be wrong, but I believe a city+word+boats could potentially be trademarked or rights established as a business name through use. I might be wrong, just my opinion.

Well, I am not a pro here, and I didnt check the TM.
I just asked the name and checked archive.org history for both domains (singular and plural).

 

[Ategy]

Whether a trademark is officially registered or not has nothing to do whether someone does or doesn't have rights to a mark (name). The only thing that matters is USAGE .. so if that other person is using that 3 word phrase/string in business then it could POSSIBLY be protected by trademark laws (even if it is not registered).

That is only one part of it .. the next part is how you are USING the mark (your domain in this case). Are you running ads or making money in any way that is in a similar business to that other company? If the answer is yes then there could be trouble DEPENDING on the domain.

Now's where it gets subjective .. 3 word domains start to get fairly specific .. I would think City + Word + Boat very likely could be a case of trademark infringement between singular and plural. Obviously it completely depends on the middle word. If it is a specific industry descriptor then you might be ok .. although a judge could actually interpret the "city" part to be non-industry relevant word and still hit you with infringement.

It really is impossibly to say without knowing the exact domain .. and in all honesty .. even then it's pushing the limits. I think in this case you could be in trouble.

DEPENDING on the domain .. maybe turn to the buyer and tell him you're willing to settle for $500 or something like that to "cover your expenses" .. because I think your defence is likely weak on this one. Plus if they do have an active trademark, even if you have no ads and no content on the site now, in theory nobody will ever be able to use it related to boats .. which I think would effectively make your chances of selling the domain about 0%!

Again though .. it completely depends on the exact words.


ADDED: Remember that the main thing registering a trademark does is help you prove when you started to have rights to the mark .. otherwise you do not need to register a trademark in any way to be protected by trademark rights. Trademarks are USAGE based! It definitely gets more complicated, but never assume that just because there is no "registered trademark" that there is nobody who has rights to the trademark.