Indian Domain TM Issue Quick help needed...

[Toni]

hi there,
i own http://indiandomain.in (which is my portfolio)
and now http://indiandomain.com/ approached me asking to buy it claiming if i won't sell they could inforce there TM rights..

sounds very generic to me (the name)...

what should i do??

toni

 

[Corey]

did they mention a price?

 

[Toni]

no i said its my portfolio and am not sure if i want to sell it now, but said they might drop me an offer and i will consider...

here is there response:

...................... is my company and i was looking to buy your domain.
i do have a tm for this name and i could enforce it.
please let me know the cost to buy it and i shall respond accordingly.

thanks

 

[Toni]

please guys

 

[tvdotcoms]

wow, whoever the buyer of your name is very harsh buyer. First of all I would not respond to this kind of inquiry, this is like threatening me to sell a domain name. So ignore it, if you can please pm me your name, I might be able to help you and give you the best opinion, and lawyers who can help you with free consultation,

 

[wot]

They are simply offering a Directi? reseller, which includes registration facility for .co.in/.in domains.

You on the other hand have a website selling and promoting your own portfolio. I personally think you should just ignore the guy or respond with a figure that you would actually sell your name for but with a disclaimer that infers that you do not in any way consider you are infringing his tm.

But- I am no lawyer

 

[kedaar]

I also dont see any TM issue.

1. You have created this domain on 2007-10-30
2. You have relevant website.
3. indiadomain com was created on 2000-12-06 so he has chance to reg .in before it is available to public on 2005.

I dont see any issue.

Best of luck.

I am also not a lawyer.

 

[iextreme]

in my opinion u should just ignore him, or maybe if he is very much interested just quote a price which ofcource a directi reseller can't afford :hehe: be practical seeing the site indiadomain.com i don't think he would even bother wasting money on a lawyer.

 

[tvdotcoms]

someone is thinking very smart and try to scare u lol............but i would just ignore him

if he thinks its tm, then he should go get all the domains, indiandomain.net .org and all those


its bunch of BS from the buyer

 

[Meongtae]

are you using your site in a manner that would cause confusion between their trademark and your ideas?
i would do a reverse look up on them to see what they are about. I also wouldnt give anything up. But thats just me.

 

[mwzd]

Ask him for the tm registration number and authority to start with.

That should end this right there

Though even if you don't mind selling, don't negotiate under such circumstances, could be used against you.

 

[Toni]

thanks guys, that is what i thought but i wasn't sure,

i have quoted him my price in a very firm and professional way...

will keep you updated on the outcome of this..

thanks will spread some rep.points....

cheers

toni

 

[Toni]

thanks seabass....

haven't heard back from him since i quoted my price....

LOL

 

[RageD]

I'm no lawyer either, but to my experience I believe this domain is far too generic for a TM. To me it sounds like he's trying to claim rights to "ABlueHat.com" or something. Absolutely asinine. If he could do that, he could claim he TM'ed the term "Indian" therefore all names with "Indian" in them are entitled to him! XD Just wait back for his response to the quote then proceed with actually obtaining legal proof of his TM.

-RageD

 

[chandan]

thanks seabass....

haven't heard back from him since i quoted my price....

LOL

now its time to send him your TM mail :D

ask him to transfer his .com