Need Advice ... a company is using identical name with hyphen

[maurixius]

Hi all I would appreciate your input ... Thank you

I know some of you guys have no problem finding out which domain I am talking about, but please
do not mention the name on here as my last post almost cost me big time.

Long story short; a company tried to buy my domain lets say foreveryoung.com after I secured it in an auction. My intentions was not to sell at that time when I won it so therefore it was not very hard for me to refuse the lowball offer they had given me.

This company is now using the exact domain with a hyphen lets say forever-young.ca since I have almost all the extensions including the .ca.

I do not have a active Trademark for this domain however I had filed for a Trademark in 2008 but then I didn't follow through for various personal reasons at that time so therefor it was abandoned. Very foolish of me; I know.

FOR EXAMPLE:
foreveryoung.ca (plus 10 other extentions) (lets say my domain)
forever-young.ca (lets say their domain)

Any advice would be much appreciate it! Thanks again

 

[hawkeye]

Doesn't sound like anything to worry about, and you'll probably get the leakage to your non hyphenated domain from their marketing of their domain.

 

[Kate]

Do you use the domain name presently ? TM rights are accrued through usage, not a mere registration.
What is your question precisely ?

 

[maurixius]

Do you use the domain name presently ? TM rights are accrued through usage, not a mere registration.
What is your question precisely ?

I am not using it at the moment but I need to find out how I can make this people stop using the name I registered years ago and been paying for 11 extentions so no one can register the same domain name with the extentions I have registered. It's just not fair that way.

 

[Smiles76]

I am not using it at the moment but I need to find out how I can make this people stop using the name I registered years ago and been paying for 11 extentions so no one can register the same domain name with the extentions I have registered. It's just not fair that way.

They are using it, you aren't. So, they would have more of a claim on its TM than you.

 

[Name Trader]

There could be 100 trademarks on any domain. So the TM law says you have to be infringing on your active trademark. If they are not infringing on your TM. Then no problem. Check the TESS Registry for your domain "forever young" and see if there are any other registered TM's on your domain. If not, no problem. I think you would have a hard time proving an unregistered trademark, if you are not using the domain.

 

[karmaco]

This is a strange question. For every good word or phrase there is someone out there who registers it with the hyphens. Happens all the time. Unless you intend to create a business around this name it should be of no concern. Seems like they didn’t like the price and got an alternative. It happens.