My domains have been trademarked

[RSK2000]

I now have a few domains that are nice and brandable which people have trademarked in their home countries, though not in the UK where I live. I bought the names before the trademarks were registered.

The key words in these names are quite generic and can be interpreted in a variety of ways. I want to develop the domains the way I planned to when I bought them - interpreting the domains in a completely different way to the TM domains - now I'm not so sure where I stand. For example, say, years ago, in the UK, I bought wallmart.com to sell wall building materials online in the UK and never heard of walmart in the US. Then a few years later someone opens a chain of supermarkets in the US with the same name! Its that sort of problem.

Do I let the domains drop, hire a lawyer ??? Any advice appreciated.

 

[interestedenough]

That is interesting. This hasn't happened yet to me in the same way, but I did ask a lawyer when something similar happened.

I think that when somebody trademarks a name has to have a certain specificity as to how the name is used, in this sense, two trademarks could exist if they don't interfere with each other.

As a disclaimer, I am no lawyer, and that is just the way I believe things work Please correct me if I'm wrong.

 

[Name Trader]

Since you registered the domains in good faith before the trademarks were applied for, you should be ok. But I would still steer away from content which infringes in any trademark. ie. Selling wall building materials would be better than operating an internet dept store. In the end though, it's probably down to the one with the deepest pockets, should it ever go to court.

Of course, you shouldn't take my advice. Talk to a lawyer

 

[TT]

Date in which you regged may have no bearing as TM holder may have only recently received a registration but it always falls back onto the date of first use.

example: TM registered in Canada on 01/01/2008 and you regged domain 01/01/2005 but the registered TM holders date of first use in commerce is 01/01/1990 he/she is granted rights from that date

**The above is my opinon only and with all concerns such as this a TM lawyer should be consulted, I have spent enough money with these types of lawyers to feel confident in my above response***

 

[Dave_Z]

http://www.namepros.com/legal-issues-and-disputes/405462-hypothetical-question.html#post2387326

 

[Roo78]

I think you could get away with it...since the US walmart is spelled with one L. Your name is and online 'mart' for 'wall' supplies....

But I'm not a lawyer...or even close, so I'm not 100%.

Good Luck!!

 

[DNQuest.com]

Since you registered the domains in good faith before the trademarks were applied for, you should be ok.

Filing date may means nothing, it is the date of first use that matters. There are many TMs that are not registered but are in fact TMs.

 

[Name Trader]

Filing date may means nothing, it is the date of first use that matters. There are many TMs that are not registered but are in fact TMs.

I stand corrected, Philip. Actually, I knew this but I obviously wasn't concentrating when replying. Than you.

 

[DNQuest.com]

No prob, just want to make sure things are set straight.

 

[jido]

Date in which you regged may have no bearing as TM holder may have only recently received a registration but it always falls back onto the date of first use.

example: TM registered in Canada on 01/01/2008 and you regged domain 01/01/2005 but the registered TM holders date of first use in commerce is 01/01/1990 he/she is granted rights from that date

**The above is my opinon only and with all concerns such as this a TM lawyer should be consulted, I have spent enough money with these types of lawyers to feel confident in my above response***

Why do you mention Canada above, would the same apply for a (example) Norwegian company trading in Norway since 1990?

If the answer is no, does it change if the company started trading in the US since 2004?
Thanks.