question My domain is now trademarked by somebody else....

[GreenGambler]

Hello,

I am a part-time painter/artist. I've had my domain name for 8 years now and have always used it for either my artwork website or to forward to my artist Facebook page.

About 2 years ago an import company registered my domain name as their trademark. They now sell branded art supplies on Amazon, eBay, Walmart, using my domain name as their brand.

I never filed for a trademark but I have always used the domain name, never had it parked and it's always been related to my artwork.

I'm just wondering if this companies brand continues to grow, is there a chance they can force me to give them my domain name?

Thanks for your help,
Rich

 

[CryptoCannabis]

Hey green pm me if youd like as i have had experience with exactly this kind of case.

Remember a trademark is two things : the mark and the use in commerce.

If your use in commerce is clearyl different then theirs, you have nothing to worry about and can actually even probably register a TM . Someone above mentnioned the reverse domain thing, that is poissible but they have to prove you are blatantly diluting and copying their TM for malicous purpose, i.e namepros.net that is the same exact service, site, everything except where the cash goes.

 

[CryptoCannabis]

I'd recommend also getting a CC because your dealing with art, it is easy actually and goes a long way, sometimes its even more important than the TM

 

[anantj]

there is no need for him to attack those guys
in case the classes are not same as his

Um, no. The classes are same (or extremely similar and related):

I am a part-time painter/artist. I've had my domain name for 8 years now and have always used it for either my artwork website or to forward to my artist Facebook page.

About 2 years ago an import company registered my domain name as their trademark. They now sell branded art supplies on Amazon, eBay, Walmart, using my domain name as their brand.

Both are related to art!

 

[CryptoCannabis]

related to art but doesnt mean same class, i'm pretty sure there's a difference in class of serviice

 

[Galaxy Traveller]

You are safe.
If they want to force you, of course they can try.
But rest assured, they will not win even if they engage best lawyer in the world.

 

[GreenGambler]

I'm just going to keep using it and doing what I'm doing for now. Thanks to everyone for the replies and help.