Need your suggestion for WiFiMobile.net

[HcDomains]

Hello,

I own the domain WiFiMobile.net.

Just checked uspto and find that "WiFiMobile" was registered as Trademark by CoSpeed LLC Ltd who own the site WiFiMobile.com.

USPTO data shows that the Filing Date of "WiFiMobile" is November 29, 2005 , and the Whois of "WiFiMobile.net" shows my name was created on 15-Jul-2004. (Means I got my domain 1+ year early than WiFiMobile" was registered as Trademark)

So is there any problem for me to hold / sale this name, especially if I try to sale it to CoSpeed LLC Ltd (WiFiMobile.com)?

Thanks for your ideas in advance!

 

[DNQuest.com]

And when was WiFiMobile first used in commerce? That is the important question, normally, the TM application woud show that, but doing some simple research, the company was formed in 2002, well before the 2004 registration. The good news is the USPTO either sent a rejection letter or more info letter. But that still does not really help you since they can prove when they opened thier doors under the name WiFiMobile.

So off hand, I'd say you squatting...

 

[HcDomains]

Hello DNQuest,
Thanks for your suggestion I am not agree with you in some points:

It is true that the company "CoSpeed LLC Ltd" started their business on 2002 and created the website WiFiMobile.com. But both "Wifi" and "Mobile" are generic names so it do not mean that "CoSpeed LLC Ltd" had exclusive rights for "Wifimobile" when they started to use the combination. "Wifimobile" was not a trademark before their application raised.

Plz correct me and let me know your ideas.

Thx!

 

[ashaw]

Regardless, WifiMobile is trademarked. Its quite like Micro and Soft. Both Generic terms, but together they may easily be trademarked. In this situation, I agree with DNQuest.com. it all comes down to two basic things, regardless of how you may feel.

When you registered the domain name, as opposed to when the Trademark was filed.

Why you registered the domain name. Was it in good faith, meaning you had plans to develope it with your own ideas outside of the ideas already ingraved by WiiMobile.com. Or was it in bad faith, you registered the name in spite of WiiMobile.com in attempts to "cybersquat"

Good luck, use your best judgment.

Andrew Shaw

 

[labrocca]

In a court case...you might win with a few arguments. In a UDRP proceeding...I think you would lose the domain.

 

[Ronald Regging]

Don't attempt to sell it to CoSpeed and you should be fine. If they want to buy it, they'll contact you. It's not like they don't know it exists.

I disagree with everyone though... These words are related and therefore even combined don't constitute the right to exclusivity IMO. It's like saying someone could TM "Mouse Pad" or "Cable Modem." Due to the fact that WiFi technology was created for the sole purpose of allowing mobile communications, it's mere existence refutes the exclusivity of Wifi mobile...

Besides, the TM only applies to Cellular Phone Hardware and/or Software... So throw up a site with some basic info on WiFi mobile computing devices and you're already past the bad faith claim and therefore clear from a UDRP.

 

[HcDomains]

Yes, I agree with Slipxaway. This case is quite different with Micro+Soft. There has no internal relationship between Micro and Soft at all so combination of them is easy be trademarked.

Thanks for all of your suggestion