- Impact
- 444
I have a situation very similar to this made-up domain name example. We'll use the names sextoy.com and sextoys.com for the sake of discussion--the names are not mine, but represent my names in the subject area and the broadness of the terms.
I know they cannot take my domain names away since I have prior use. However, do I now have a concern about running ads on my site that sell sex toys? Or since I've been doing this for a decade, can I continue.
Perhaps, can I even challenge the registered TM?
- I have owned sextoy.com (and other major TLDs) and sextoys.com (and other major TLDs) since about 2005.
- I have run a site on sextoy.com since 2005, which is a blog that talks about sex toys, and has ads and affiliate programs that sell sex toys.
- Last year, 2016, along comes someone out of the blue who trademarks "Sex Toy" and the use is to sell sex toys.
I know they cannot take my domain names away since I have prior use. However, do I now have a concern about running ads on my site that sell sex toys? Or since I've been doing this for a decade, can I continue.
Perhaps, can I even challenge the registered TM?