This week a lawyer will contact me, please help me!

[nmr86]

Last week I picked up a expiring .com name with my CC

I got it for $ 60 and now I have it in my account!

Now the problem!

I mailed some guys about the name if they were interested to buy it!

Now I got a mail from one of those guys saying that a lawyer will contact me this week in order to get the .com name back!

He says their webmaster let it expire without their knowledge..

I also own the .net .org and .info for this name...

Can they do anything????

Am I losing the .com now?? and what about the .info .net .org??

I dont have any pages set up on it!

Please help, what should I do?

What can I send back?

 

[Damion]

I guess it is, but maybe you need to dig deeper, PM the name and i can look into this for you, if you want to?

 

[think]

To check American TMs you can use http://www.uspto.gov and go to trademark search.

 

[DNQuest.com]

Damion, I did a search there, and no results are showing up !! This is positive right ?

Did you read my post? I asked about a product since you mentioned "brand". Is it a product or not? If you want help, gotta answer the questions.

 

[nmr86]

sorry DNQuest.. it is not a product or brand.. it is a generic term!

 

[DNQuest.com]

sorry DNQuest.. it is not a product or brand.. it is a generic term!

If you are 100% certain it not a product or brand, it would seem you would be ok. But be careful, "generic term" has a whole different meaing in trademark law than it does in real life. Some people like to hold onto the "generic term" argument, but TM law states otherwise. Just because you view it as generic does not mean it is generic in TM law. And trademarks DO NOT have to be registered to be afforded protection.

What still bothers me is when you said "I see there is no brand like that registered in the country!". It could just be me reading too much into it. But I do like to err on teh side of caution.

 

[.X.]

I'd just wait and see if it is in fact a bluff -

You say the term is generic ? Was there a company site on it before ?

Excellent Point...Mark

And do not talk to any one concerning this name, Once you have been threatened with a law suit, the least you say, the better, If a lawyer contacts you by phone, Simply say, I have nothing to say, and hang up, It is doubtful that will happen, Most lawyers send things by mail, they do not want to talk to you by phone, there are to many chances of, He said- He said, In court.

I wouldn't worry about, Until you receive a written document concerning the name, If you ever do, People like to throw "Lawsuit" and "Lawyer" around, to intimidate people.

 

[Dave_Z]

it is not a product or brand.. it is a generic term!

Didn't you read or understand my post earlier?

Then again, DNQuest answered your question.

 

[IAmAllanShore]

Emailing back at this early stage just gives them ammunition to work with.
And you keep saying it is "generic"; how about an analogous word/phrase?

-Allan :gl: