I own [tm]pens.com and someone registered [tm]pen.com

[PinkyRing]

I know, I know...when you register a name get both singular and plural...sigh.

anyways, i own the TM and have the site [TM]pens.com and shortly after i registered the domain, someone registered [TM]pen.com (singular).

Its not like a huge deal for me, the site's not huge, but enough to put some effort in trying to recover it. Its pretty obvious squatting issue, but I don't know how much of a pain it would be to recover it. Seems to me the company (nameking.com) that registered it is pretty much your professional squatting/extortion company...like in the Caymans.

Is it worth the fight, any suggestions on taking steps to request it? If someone has a good C&D letter, could you post it? Should I offer them $50 and cross my fingers?
heeeelp!

tks

 

[dotprofan]

Are you trying to say someone registered the domain pen.com recently? I am guessing this has been registered for a long long time. I must assume that you are saying that they registered a Trademark for pen.com recently? Honestly your post is somewhat unclear.

 

[labrocca]

Are you trying to say you have a TM for Pens.com? Pens.com sells pens. Since this is a dictionary word and you are using it's actual meaning you DO NOT have a TM for that usage. You can't do anything about pen.com.

Its pretty obvious squatting issue

What's obvious is you don't understand TM law.

Should I offer them $50 and cross my fingers?

You should offer them $50k if you are serious.

You are obviously one of those people very misinformed about what cybersquatting is and that's dangerous for domainers.

 

[mwzd]

I think pinkyring is trying to say his domain is trademarkpens.com
And someone registered trademarkpen.com

Not pens.com or pen.com

Unless you have the tm with the word pen or pens in it, it'll be tough to get it back.
Do talk to a pro domain attorney though, before making an offer.

 

[PinkyRing]

yes, its "trademark"pens.com. sorry for the confusion.

 

[Erdy]

trademarkpens.com or tmpens.com are still available.

I don't understand it. Are you the owner of www.pens.com ?

 

[Peter]

trademarkpens.com or tmpens.com are still available.

I don't understand it. Are you the owner of www.pens.com ?

You have completely misunderstood his meaning. trademark is not a part of the domain. He has substituted the real trademarked word with trademark

 

[SimpleDomaining]

so you have a registered trademark on keyword+pens and you have a registered domain keyword+pens.com and somebody else have registered trademark on keyword+pen and have a domain keyword+pen.com in this case you cant do anything.
but if you own a trademark on keyword+pens and he have just a registered domain keyword+pen.com, which he registered after you got your trademark, when you can try to obtain that domain legally, it will cost you about 2,5k legal fees.

 

[Marck]

I think he's saying it's his trademark, plus the word pens.com

 

[Erdy]

Well, it is true that I misunderstood but I'm not the only one. The topic was somewhat confusing.

It appears OP owns a domain like rotringpens.com or parkerpens.com.

 

[Peter]

It appears OP owns a domain like rotringpens.com or parkerpens.com.

Yes except the trademark is his own.

As has been stated you could try and purchase the domain from the new owner. If you go the wipo route then you are talking at least $1000 (can't remember the exact figure) and additionally any legal fees you incur. A wipo cannot reward damages only the domain so you will pay these fees regardless of whether you win or not.

The only case I can think of that you can use is that the domain is confusingly similar but to be honest if you registered the domain a matter of hours before the other person registered the domain that will be a hard case to argue.

Without necessarily telling us what the trademarked term is, is it something relatively generic or something that is 100% unique?

 

[PinkyRing]

ok ok ok to clarify...

I own xyztrademarkpens.com and someone registered xyztrademarkpen.com , where "xyztrademark" is a fictional substitute for my real trademark.

I will learn to be more concise in the future, apologies.

 

[labrocca]

Alright PinkyRing..you aren't as clueless as I first thought.

Can you PM the exact name? I will give you my best opinion and keep the name confidential.

 

[bras0746]

it was perfectly clear. some people just like to assume others are idiots.

 

[labrocca]

it was perfectly clear. some people just like to assume others are idiots.

I assume everyone is an idiot until they prove to me otherwise. It makes life a whole lot simpler since my expectations are extremely low for the human race.

 

[PinkyRing]

Careful Labrocca, others could assume your an idiot for not understanding the initial post...and yes I am a bit clueless as to what can be done in a situation like this, but not as clueless as you think. I was hoping to hear other people's experiences with similar situations.
Nameking seems to enjoy doing this sort of business, there are posts about them online concerning this, one day someone will rip them a new one.

But this has gotten a bit off-topic, I think I have read enough to determine that I'll wait it out and hope it will be dropped. Thanks for all that helped.

 

[dotprofan]

The original post was not very clear IMHO.

it was perfectly clear. some people just like to assume others are idiots.

 

[labrocca]

Careful Labrocca, others could assume your an idiot for not understanding the initial post...and yes I am a bit clueless as to what can be done in a situation like this, but not as clueless as you think. I was hoping to hear other people's experiences with similar situations.
Nameking seems to enjoy doing this sort of business, there are posts about them online concerning this, one day someone will rip them a new one.

But this has gotten a bit off-topic, I think I have read enough to determine that I'll wait it out and hope it will be dropped. Thanks for all that helped.

I am an idiot..I haven't yet proven to myself otherwise. :hehe:

And really you should PM me the name. Others can attest that I do have somewhat of an idea of what I am talking about. DNQuest and I are resident legal wannabe's. It really does depend an awful lot on what your TM name is and also who the owner of the singular is. I can certainly give you sound advice.

Anyways...feel free to PM me or don't. Your choice...I just like to help where I can.

 

[Domainate.com]

it was perfectly clear. some people just like to assume others are idiots.

For a sec, I thought I was the only one. I perfectly understood it too.

 

[dotprofan]

One of the reasons it was confusing to me was that the original poster had another thread about a domain he bought recently - pins.com. Also the fact that a domain with brackets in it is not a valid domain. I honestly thought he was adding the [TM]pins.com to show that he had a trademark on the name (like "I own CocaCola.com [TM].").

For a sec, I thought I was the only one. I perfectly understood it too.