I own the TM and previous the .COM too, but had let it expired... what to do

[AzN]

The current owner won it at snapnames and wants $1500. Is it better to pay up or try to bring a legal case? Has anyone been through the process of the legal case and can provide any suggestion?

I'm located in California and see that a possible way is to bring it in a US court for ~$450.
If I bring a legal case, would I be reimbursed for the legal costs?

Thank you.

 

[Jawed]

I’d pay $1,500 and move on.
All other options are costly and time consuming.

 

[korganian]

Not only is court costly and time consuming, but you may lose your case as well because you would have to prove that your trademark is exclusive to you and could not be used in any other way for any other use. If you lose your case, the current domain owner would likely increase their price due to all the trouble you caused them. So $1,500 may be a better option for you.

 

[WPM]

I am not a lawyer.
If you have use for the name and an established business you could bring a UDRP action against the buyer. However, letting a name expire when used for an active business, especially if it was an online business, is hard to explain to a UDRP panel. <- VERY IMPORTANT ISSUE.

If you want to continue owning the name pay the $1500 and consider it a cheap lesson as I don't believe the court systems will get involved if there are no damages etc.. and a lawyer, which you should have, for a UDRP will cost a bit more. You can represent yourself though.

An alternative would be to sell the new owner "rights" to the trademark if you weren't actually running a profitable business from the name.

Good luck.

Regards,

WPM