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.

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Related: Wikipedia on Cybersquatting

 

[karmaco]

It was not "Michael Oje's Barbecue Grill", it was just "Our city Barbecue Grill".
And I tell you something more...
If you open your business and want to be unique or TM, pay for a good domain and dont reg free GENERIC wrods trying to TM them...

End users don’t care about your opinions about what their name should be. Or what should and should not be trademarked. Stop giving risky advice. Majority of trademarks are generic words so your argument is non sensical.

He contacted a trademark holder trying to sell a name. Nothing is a good enough argument after that. Plural singular does not matter it fits the confusingly similar quite easily. Him contacting fits the bad intent easily.

 

[maya-zir]

Thats why I hate all TM.
TM cant be generic word, but people pay and the system acept to TM dictionary words.
What will be the next? Trademark alphabet letters?
City+generic word+boats cant be TM.
You say to put me on the place of singular domain owner?
But why I have to care about hus business if he instead of invent a good name or use his own name, built his business on generic name?
This is his problem.
My personal domain name I registered 3 years after I made the website. I just couldnt find any aviable domain and use something like "I fix pc" I didnt want because it is not a name.
The singular domain owner didnt want to waste his time to search for decent name and also dudnt want to buy any good domain. So why I have to care about him now? It is his mistake to build his business on generic name

 

[jberryhill]

And I tell you something more...

I don't recall asking you anything.

TM cant be generic word, but people pay and the system acept to TM dictionary words.

Well that's simply not true. One of the most well-known trademarks in computers is "Apple".

What will be the next? Trademark alphabet letters?

When you see a pair of sunglasses that looks like this:

...you know they are Oakley brand sunglasses. Why? Because they have the letter "O" near the hinge, and that letter is a trademark of Oakley for eyewear.

When you see a magazine that looks like this:

You know it is Oprah Winfrey's magazine. Why? Because it has a large letter "O" on it, and that letter is a trademark of Oprah Winfrey for magazines.

When you see a retail website with this on it:

Then you know it is Overstock.com. Why? Because it has a large letter "O" on it, and that letter is a trademark of Overstock.com for retail online sales.

Single letters can certainly be trademarks for specific goods or services.

City+generic word+boats cant be TM.

Nonsense. Can this one be a TM:

Continent+airlines?

Because "American Airlines" is also a very well-known trademark. It is fundamentally a descriptive term, but because they've been doing it since 1935 on a substantially exclusive basis, then that descriptive phrase has come to be solely associated with American Airlines. When someone says "American Airlines", they don't collectively mean United, Delta, Southwest, etc. - which are all American, and all airlines - they mean a specific airline which trades as American Airlines.

You are the last person on earth who should be giving others advice on avoiding legal problems, because you have no idea what you are talking about. Are you going to be held personally liable if your advice is wrong or bad? Is your license going to be in jeopardy if you give other people irresponsible advice based on your obvious ignorance of the subject?

A geographically descriptive term MIGHT or MIGHT NOT be a trademark based on a lot of specific facts.

 

[maya-zir]

I don't recall asking you anything.



Well that's simply not true. One of the most well-known trademarks in computers is "Apple".



When you see a pair of sunglasses that looks like this:

...you know they are Oakley brand sunglasses. Why? Because they have the letter "O" near the hinge, and that letter is a trademark of Oakley for eyewear.

When you see a magazine that looks like this:

You know it is Oprah Winfrey's magazine. Why? Because it has a large letter "O" on it, and that letter is a trademark of Oprah Winfrey for magazines.

When you see a retail website with this on it:

Then you know it is Overstock.com. Why? Because it has a large letter "O" on it, and that letter is a trademark of Overstock.com for retail online sales.

Single letters can certainly be trademarks for specific goods or services.



Nonsense. Can this one be a TM:

Continent+airlines?

Because "American Airlines" is also a very well-known trademark. It is fundamentally a descriptive term, but because they've been doing it since 1935 on a substantially exclusive basis, then that descriptive phrase has come to be solely associated with American Airlines. When someone says "American Airlines", they don't collectively mean United, Delta, Southwest, etc. - which are all American, and all airlines - they mean a specific airline which trades as American Airlines.

You are the last person on earth who should be giving others advice on avoiding legal problems, because you have no idea what you are talking about. Are you going to be held personally liable if your advice is wrong or bad? Is your license going to be in jeopardy if you give other people irresponsible advice based on your obvious ignorance of the subject?

A geographically descriptive term MIGHT or MIGHT NOT be a trademark based on a lot of specific facts.

How many foolish conclusions..
If I see a specific letter and associate it with brand, I see not a letter, but the logo..
One letter can be a logo..
Nobody and never will associates O with Oakley sunglasses if there is no sunglasses around..
Nobody associates apples with Apple, all depends of the content.. If I go to supermarket for me apples just fruits and not a brand..
Apple is not a brand.. I can use the word apple, but not in specific niche..I can build a website on GreenAppleJam and no one will sue me...
The problem is not just the person who TM the name, but also the system wich permits do it.
If you build your business and dont want to invest in a good brandable and preffer reg generic names and then cry somebody ruins your business this means just one thing - your are a bastard...
Trademark generic names and phrase must be prohibited.

 

[jberryhill]

Nobody and never will associates O with Oakley sunglasses if there is no sunglasses around..

Well that's certainly open to debate as a factual proposition, but you actually got close to a good point.

Yes, trademarks serve the function of distinguishing the goods/services of one party from those of another in the relevant market.

So, let's go back to:

"City + generic word + boats"

Would you go for

"City + generic word + cream cheese"?

Because that is certainly a brand:

 

[maya-zir]

Well that's certainly open to debate as a factual proposition, but you actually got close to a good point.

Yes, trademarks serve the function of distinguishing the goods/services of one party from those of another in the relevant market.

So, let's go back to:

"City + generic word + boats"

Would you go for

"City + generic word + cream cheese"?

Because that is certainly a brand:

Thats the problem and mistake of the company who named thir product PHILADELPHIA..
They had to think before to select the brand

 

[maya-zir]

Thats the problem and mistake of the company who named thir product PHILADELPHIA..
They had to think before to select the brand

Of couse you know what is Autodesk Maya.
Thats my name and no one can prohibit me use my own name in any brand if I decide to make a brand one day..
Not even Autodesk Maya

 

[maya-zir]

You cant trademark something like "condo in Miami" and then prohibit to all related business use this "termin".
Even if you can, as in Realtor case, this is nonsense and this is system error to let somebody use this kind of generic words to convert thier business in monopoly

 

[jberryhill]

Thats the problem and mistake of the company who named thir product PHILADELPHIA

It's not a problem, nor is it a mistake. It is the leading brand of cream cheese in the United States.

Word Mark PHILADELPHIA
Goods and Services IC 029. US 046. G & S: cream cheese. FIRST USE: 18800000. FIRST USE IN COMMERCE: 18800000
Registration Number 1659932
Registration Date October 8, 1991
Owner KRAFT FOODS GROUP BRANDS LLC LIMITED LIABILITY COMPANY DELAWARE THREE LAKES DRIVE NORTHFIELD ILLINOIS 60093

Notice that the "first use" date is in 1880. That's how long they've been at it.

 

[maya-zir]

It's not a problem, nor is it a mistake. It is the leading brand of cream cheese in the United States.

Word Mark PHILADELPHIA
Goods and Services IC 029. US 046. G & S: cream cheese. FIRST USE: 18800000. FIRST USE IN COMMERCE: 18800000
Registration Number 1659932
Registration Date October 8, 1991
Owner KRAFT FOODS GROUP BRANDS LLC LIMITED LIABILITY COMPANY DELAWARE THREE LAKES DRIVE NORTHFIELD ILLINOIS 60093

Notice that the "first use" date is in 1880. That's how long they've been at it.

I dont care when they created thier mark.
I just say that this is wrong because they get monopoly on better in philadelphia which has nothing to see with thier "excellent" butter..

 

[maya-zir]

Talking back about Philadelphia butter.
This brand was created more than 100 years ago.
But today we have internet and I dont agree with the fact that brand=domain.
Why I cant open a store in philadelphia city, name it Philadelphia Better Store and use the domain for my business if I dont say that I sell "philadelphia" TM butter?

 

[maya-zir]

https://www.rd.com/funny-stuff/dumbest-laws-america/
They must to add also the statement Brand=domain into this list of damn laws

 

[maya-zir]

Domain is just an address.. Then why not sue all butter store located on each streets names Philadelphia..
Or even more simple - sue all butter store in Philadelphia city..

 

[maya-zir]

Usa southern states have a lot of small towns named in name of big world cities...
Sue them all?

 

[jberryhill]

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

Without more information, no one competent can tell you.

Certainly, the incompetent are happy to do so.

In some circumstances, it is fine. In other circumstances, it is not fine.

 

[Kate]

Domain is just an address..

No, a domain is more than that, it can be a brand and not just a technical identifier. That's why people are suing over domain names.

 

[maya-zir]

No, a domain is more than that, it can be a brand and not just a technical identifier. That's why people are suing over domain names.

it is just an address in internet..

 

[EbookLover]

Getting legal advice from a forum is a REALLY bad idea, as you can see from the replies.

That said, I was in your shoes once. My advice to you is do not reply to any electronic communication that this person or their lawyer might send you. If the person wants to truly pursue you legally because he really does have a case, then his lawyer will send you a letter in the mail.

Don't bother getting a lawyer yourself until you get a Cease and Desist letter (or similar) from their lawyer via Postal Mail. If his lawyer cannot figure out where to send the letter, then you probably have no worries.

What you are experiencing is, unfortunately, a popular tactic some people take to quash competition or to get a domain (they do not legally have the right to) for cheap or nothing. I'm not saying this is your case, but it could be and this is why you need to pursue this with a cool head and wait for postal correspondence and refrain from any electronic communication with the accuser or his lawyer BEFORE you take any legal action yourself or engage in any communications with them.

Also, just because someone trademarked a word, name, etc, it does not mean the TM will hold up in a court. Many people have had to drop their TM by court order when the TM was contested. Unfortunately, it takes money to contest a TM. But my point is just because they own a TM does not mean the TM was approved by the USPTO properly in the first place. The USPTO does not check all legal angles before approving a TM, therefore some TMs actually hold no legal value even though they are active and registered.

 

[Domains - Wanted]

...He has retained a lawyer who mailed me and wants to make a case. Please what can I do?

I see everyone here has jumped with gusto straight into legal analysis of the case, but nobody responded to your question on what can you do. Let me be the first one to take that one. Short version: relax and do... nothing!

Heck, it's just a letter on a lawyer's stationary representing a client's standpoint. Nothing more, nothing less. So they have an opinion, think that you are cybersquatting, and they emailed you or even printed out a letter and sent you. So what?

What can you do at this juncture? Well, you can read what the lawyer says very carefully and then you can decide if you have something to contribute back on point, that is to refute his statement(s). However, this is advisable only if you have a good understanding of the law, UDRP process and what not, or have a specialist lawyer respond on your behalf. Judging by this thread here, your knowledge of the law is nil and you are not considering retaining a lawyer. So I would advise you to do nothing, that is ignore the email or letter altogether and move on, go about your life as if nothing has happened. Well, perhaps with one small change: learn from this experience and apply that to any future domain outbound efforts

 

[JudgeMind]

@AbdulBasit.com
perhaps the first case