TM issue. Looking for advice!

[Bravo]

Hello,

Here is my situation.

I have acquired one domain name. Domain is .com .

Most of other main extensions taken and regsitered by only one registrant.

I went for this domain only because it was short, brandable and has PR4.

Lately, I found out that one firm use it (presently) for software and other one for some hardware products, different companies.

Looks like both producers puted TM on their products...

Well...What can I expect?

Will they take any legal action against my domain?

If so, how will this be?

Any advice or opinion would be apreciate!

Thanks in advance!

 

[Dave_Z]

Will they take any legal action against my domain?

Well, if your domain name contains any hint of commercial use that's possibly
infringing their respective uses (e.g. competing software/hardware ads), they
just might.

 

[Bravo]

Well, if your domain name contains any hint of commercial use that's possibly
infringing their respective uses (e.g. competing software/hardware ads), they
just might.

I see. Well...probably I do not have to develop any website under this domain , right?

Just park it & wait for thunder?

 

[Dave_Z]

Just park it & wait for thunder?

I'll put it this way.

There's nothing to stop anyone from trying to wrest control of your domain,
fair or foul. What you can do is prepare yourself for those possibilities.

Granted, it's not always that easy. But knowing and learning more about this
can give you a better edge than those who don't.

The sooner you develop that domain name, possibly the better your odds of
demonstrating you have a legitimate use for it.

 

[Bravo]

I'll put it this way.

There's nothing to stop anyone from trying to wrest control of your domain,
fair or foul. What you can do is prepare yourself for those possibilities.

Granted, it's not always that easy. But knowing and learning more about this
can give you a better edge than those who don't.

The sooner you develop that domain name, possibly the better your odds of
demonstrating you have a legitimate use for it.

Thanks for advice Dave!

 

[DNQuest.com]

BTW- Parking will usually lead to a theirs or a competitor's products or services. That is bad.

Dave is right, develope the domain and create interest in the domain.

 

[DomainBuyerBroker]

WIPO claimants have to prove and win all three points (roughly and I am not a lawyer)

1. Confusingly similar to trademark.

2. No legitimate use. This means that you have no legitimate use for the name. If you develop AmazonCoffee.com to feature coffee from the amazon and not coffee from amazon.com, you have legitimate use.

3. Bad faith. If you registered the domain knowing that this other company existed or if you try to make money off their trademark or if you try to sell the domain to them, those are all bad faith.

So, maybe you loose on 1. and maybe on 2. if not developed but if you are not using the domain in bad faith then they probably can't win on 3. therefore you keep the domain.

Now, they can still file against you which means you need to get an attorney or if you chose not to reply, you are leaving your fate in the hands of one or three judges.

Good luck with it.

 

[Bravo]

WIPO claimants have to prove and win all three points (roughly and I am not a lawyer)

1. Confusingly similar to trademark.

2. No legitimate use. This means that you have no legitimate use for the name. If you develop AmazonCoffee.com to feature coffee from the amazon and not coffee from amazon.com, you have legitimate use.

3. Bad faith. If you registered the domain knowing that this other company existed or if you try to make money off their trademark or if you try to sell the domain to them, those are all bad faith.

So, maybe you loose on 1. and maybe on 2. if not developed but if you are not using the domain in bad faith then they probably can't win on 3. therefore you keep the domain.

Now, they can still file against you which means you need to get an attorney or if you chose not to reply, you are leaving your fate in the hands of one or three judges.

Good luck with it.

Thanks a lot!