advice Received an inquiry

[JudgeMind]

I registered the domain GinsengWars.com just a few weeks ago. I received an email inquiring whether or not this name is for sale. Email was from [email protected]...

I responded informing them it is for sale and we are taking serious offers for the name.

I have not heard back yet and believe it is because of the holiday weekend.

My question is, if they are planning to launch a reality tv series called "Ginseng Wars" and they trademark the term will I lose this name?

There is no active Tess records for the term currently.

 

[mad409]

Only if it's used for whatever they trademark, if not you should be fine.

 

[SirDrago]

You will receive a call from a Attorney in the next couple of days for either 1 of 2 options..

1. He will give you a "Soft Threat" asking for you to Drop/Surrender the Domain.

2.Make you a low ball offer no greater than $300.

Here is the grey line with your Reg... "Appalachian Outlaws"
The manner you receive that first phone call will determine whether you Drop or Profit.

Good Luck!

I am NOT a Lawyer but I did stay at a HolidayInn.

 

[brandnow]

You will receive a call from a Attorney in the next couple of days for either 1 of 2 options..

1. He will give you a "Soft Threat" asking for you to Drop/Surrender the Domain.

2.Make you a low ball offer no greater than $300.

Here is the grey line with your Reg... "Appalachian Outlaws"
The manner you receive that first phone call will determine whether you Drop or Profit.

Good Luck!

I am NOT a Lawyer but I did stay at a HolidayInn.

Holiday Inn, good place.

 

[johname]

To me the problem is A&E has the show Storage Wars, And it's been on for what seems like five years. Plus they have their own Ginseng show. Plus there is a reason they didn't name their ginseng show Gingseng Wars.

These point two things:

a) They would probably win a decision on the domain

b) They are not interested in buying the domain from you (they just want to know what you are going to do with it)

They are probably thrilled your not a network

 

[cocaseco]

Remember, mere possession isn't a crime. It's only a crime if you are profiting from the goodwill of their trademark. Also, in some cases two people can have the same word used in completely different industries. Not sure how you could spin that with that particular domain.

 

[LucidDomains]

This is what I have gathered on the subject and I might be totally wrong. If it happens to me I will be consulting a domain lawyer. I will not be dropping or surrendering anything without the proper information first.


If you are holding the domain without using it, it shouldn't be an issue unless its a blatant TM domain infringement where it's clear as day you are trying to do one over the other company. This is considered bad faith. e.g. Microsoftt.com (notice the double 't').


Each trademark isn't a catch all, by that I mean each trademark has certain classes which the TM can used for and in the specific context for. So if you research the trademark for "GinsengWars" and their company has registered it for specific classes of 1) Teaching, 2) Gardening, 3) War Documentaries.
You may be able to successfully argue that you don't intend to use it but even if you did you would be using it for lets say 4) Kitchen Appliances.

So you bought this domain name not in bad faith and you're not passing off and when and if you do intend to use it you will be making a kitchen appliance website.

Please let me know if you think is wrong. Again I will be checking with a domain lawyer when the time comes.

 

[johname]

I just noticed I made a mistake, The History Channel has the Ginseng show, not A&E (these channel seem the same when tv surfing) That makes your chance for a sale much better. But I would be surprised if they would use the wording of 'Wars" with a show about 'hillbillys' carrying guns.

The network actually not the people that produces realty shows, (except for the majors like cbs=survivor), if the producers of storagewars want to do a ginseng show they might be more inclinded to stick with 'wars'

 

[cocaseco]

HoloShop You are exactly right. So many times in this industry people just freeze in their tracks and rollover at the first mention of the "T" word. Sometimes that is the right thing to do, but it is far from an automatic response. Even if I get a letter from an attorney, I don't automatically give up the name. You are also right that "intent" has a lot to do with it, but you have to look at the situation as a whole and each situation is unique. if you think you have a legitimate right to a "FAIR USE" of the name, and the name has value, consider at least a consultation with an attorney.

 

[The New Guy]

I just noticed I made a mistake, The History Channel has the Ginseng show, not A&E (these channel seem the same when tv surfing) That makes your chance for a sale much better.

History channel is owned by A+E.

 

[alien51]

My question is, if they are planning to launch a reality tv series called "Ginseng Wars" and they trademark the term will I lose this name?

There is no active Tess records for the term currently.

Happened to me a couple of times already. The buyer does not like my asking price, and instead went ahead and got a trademark for the term that matches the domain i own.

It's a clever move, really. They effectively blocked you out into using the domain for the services covered by their trademark.

So if their trademark covers selling lawnmowers, then you cannot use the domain to engage in business related to lawnmowers.

And the trademark also cuts down on your other potential buyers interested in your domain. If they see your domain has been trademarked by someone else, they lose interest, since they too cannot use your domain for lawnmowers.

In my case, it's good that my domains have other niche uses. And i am really more into development. But i would think for a pure domainer, such case could be a downer.

 

[JudgeMind]

No updates on this yet. The ball is still in their court to make the initial offer.

 

[baseballworld]

Just pass it to me and Ill handle any problems. That way your in the clear.