trademark Little Help Trademark Issue

[YankeeRacers]

Hi all, I need your advice regarding my domain name. It's a dictionary word with the X instead the C. Let's say it's jurisprudenxe.com

Now I was contacted by a guy saying that he currently own this name as a trademark and he would love to have the site name as well. "I'd buy it for $20. Without all of the hassle"

We replied asking to send us a fair offer.

After few hours he replied: "What is the reason you’re charging almost $1,000 for the site? I’m trying to be civil about purchasing it. But I ALREADY legally own this business name".

Any advices? Thank you for any info on this

 

[BaileyUK]

Check the TradeMark databases, (they are free to access online) It could well be a trademarked name even with the letter change. This alone wont conclude the entire picture but a good place to start.

Without knowing the domain nobody can give you any further advice

 

[YankeeRacers]

Thank you for you reply Bailey. The domain name is essenxe.com

 

[NickB]

WIPO https://www.wipo.int/branddb/en/index.jsp

USPTO http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4804:2987d0.1.1

For EU Zone https://trademark-search.marcaria.com/en/europe/european-union-trademark-search

not sure how in depth they go, but it's a start I guess

 

[Kate]

Do they have a registered TM somewhere ?
Do they even have a web presence ? Are they using that name in commerce or in some meaningful way ?

I see that you registered the domain one year ago, but it used to be registered in the past.
http://www.hosterstats.com/historicaldns.php?domain=essenxe.com

Apparently it had been available since 2005...

It's not enough to claim you have a TM, you have to prove it. And then demonstrate you have some kind of rights and that the other party is infringing on your rights.

 

[jberryhill]

Now I was contacted by a guy saying that he currently own this name as a trademark

And what did this guy say when you asked him for more information about his alleged trademark, in order to help you to consider his claim?

What happens when you Google this guy's name, phone number, or other information he gave you?

Did his email address suggest any sort of company that might be using this as a mark?

I mean, look. Why bother with trademark databases and the other stuff suggested here, when you obviously are able to communicate with this person. Sure, those are good resources. An even BETTER resource to figure out whether someone is using a particular word as a trademark is GOOGLE.

If you've never heard of "this guy", his company, or his trademark, then why not simply ask, "I've never heard of you or any trademark matching this domain name, which is a spelling I made up and thought might be a catchy name. Could you tell me where I might verify some information about your claimed trademark, such as where it might be registered, what it is used for, etc., so that I can give your claim the attention it deserves?"

It's often a good idea to draw people like this out. Sometimes you will find that they are completely bluffing about having any claim of rights whatsoever, or they will make provably false statements. When you find out someone is lying to you, however, don't tell them you know they are lying. Just get them to keep on telling you more lies, so that you'll have a good solid collection of their own lies to use against them later on.

 

[YankeeRacers]

Thank you for your replies and help.

I also assuming he is bluffing. We did ask him to more info and his reply was:

"No worries, I have an attorney I went to"

Well see. Thanks again for your advices, very useful.

 

[jberryhill]

"No worries, I have an attorney I went to"

Then of course you will need his attorney's contact information so that your attorney can get in touch with him or her.

You will often see "the invisible attorney" gambit. While, of course, everyone is different, some people seeking to obtain a domain name have an invisible attorney. The invisible attorney does not have a name or a firm. But most importantly, the invisible attorney does not communicate on behalf of his or her own client. In correspondence with the client of an invisible attorney, you will consistently hear from the client, but you will never hear from the attorney.