TM-issues with lovetypes.com

[MissFlora]

I need help with the above domain. Here's what happened..

1) I snapped the domain from Pool last month
2) I did not change the forwarding link of the domain to a PPC company such as DS (I actually forgot to, but I guess it is wiser for me not to now)
3) I was received an email by the owner of lovetype.com that lovetypes.com belong to him and I should hand it over to him

I am stucked and don't know what to do. The ultimate reason I buy this domain is because I like it. I am totally not aware that there are TM-issues with "love type" which are very general terms. I'm in fact surprised that dictionary words like that have TM issues. I hope someone can give me some advices as to what should I do. I can forward the copy of email as well. Thanks.

 

[MissFlora]

Anyone able to give me some advices?

 

[labrocca]

Ask for $1000. It is the cost of an action to get the domain back anyways.

Tell him you are willing to give up to domain for that price and not a penny less.

That's just my opinion of course.

 

[MissFlora]

Thanks Labrocca, but what if he wants the domain free of charge? How high a chance will I be able to keep the domain? I realised that lovetype do have TM, but not lovetypes. Does lovetype's TM consist of "lovetype" with an s too?

 

[IAmAllanShore]

The "s" isn't the issue here (If the name was specific enough, an "s" wouldn't make a difference.

From what I see, the owner just let the name drop? He/she failed to renew it?

http://www.whois.sc/lovetype.com (Presently owned by Avila)
http://www.whois.sc/lovetypes.com (Presently owned by you, but note that the cached picture shows his using the singular on the plural site anyway)

My first thought was "How could Avila have been so dumb" (Letting the name of his "amazing" book drop). I wanted to see what the book was about, so: http://www.amazon.com/exec/obidos/tg/detail/-/0380800144/

In short, Flora, I don't think you have done anything that you need to worry about. The owner of the domain might regret not renewing, but you didn't steal it from him.

PM JBH, he's been good to folks here in answering shorter questions, and is on top of his game so you can take what he says as Gospel.

-Allan

 

[MissFlora]

I bought this domain for my own development and never thought that general terms such as "love types" will have a lovetype TM-issue. And fortunately, I did not redirect it to any PPC companies. Meanwhile, when I checked the TM of lovetype, it shows such "Goods and Services IC 041. US 100 101 107. G & S: Educational services, namely, conducting seminars in the field of teaching students how to find their compatible mates using the Jungian types. FIRST USE: 19930912. FIRST USE IN COMMERCE: 19930912" I do not have a design ed site yet but I'm not sure if it will affect my future domain development about different type of love relationships? Sigh this is so problematic.

 

[primacomputer]

This is a hard one to call. They certainly have a trademark, and just adding an “S” leaves your name confusingly similar. But their trademark is very specific. It would be entirely possible for you to develop something that did not infringe. Given that they used to own it and use it I could imagine you'd have to do exactly that in order to hang on to it.

 

[andriegel]

Yes, do not be intimidated by this guy:
The TM is VERY specific.

Good Luck!
Let us know what happens...

 

[MissFlora]

I just didn't realise "love type" will have a TM as well. It is not a corporation or company. Should I hand over the domain FOC then?

 

[Dave_Z]

Ideally no one has absolute exclusive use of a domain name, trademark or no
trademark. But in reality, people can and will challenge that.

One thing that can work in your favor is if you're intending to use it differently
or unrelated to what the trademark holder does. Also, if it can be helped that
there's no hint of commercial use whatsoever, then so much the better.

It ultimately boils down to how you'll use the name.

 

[spy69]

Ok this is my opinion. Dont hand anything over untill you hear from their lawyers. In the mean time start developing it. If the guy keeps on sending you email just tell him you are developing the name. I would also include that im willing to sell but than he might use it against you in court if it goes that far.

Best of luck
Spy

 

[MissFlora]

Hm...maybe I should make this a personal site? Will that work? Should I reply his email right now or just ignore them?

 

[Dave_Z]

What you ought to find out first is if the person has a registered trademark or
can prove common law. Trademarks arise from usage, at the very least.

Speaking of which, I just found this. Do they relate to the one who emailed
you about it?

Typed Drawing


--------------------------------------------------------------------------------
Word Mark LOVETYPE
Goods and Services IC 041. US 100 101 107. G & S: Educational services, namely, conducting seminars in the field of teaching students how to find their compatible mates using the Jungian types. FIRST USE: 19930912. FIRST USE IN COMMERCE: 19930912
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75724631
Filing Date June 9, 1999
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition February 29, 2000
Registration Number 2351789
Registration Date May 23, 2000
Owner (REGISTRANT) Avila, Alex INDIVIDUAL UNITED STATES P.O. Box 3728 Alhambra CALIFORNIA 91803
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Typed Drawing


--------------------------------------------------------------------------------
Word Mark LOVETYPE
Goods and Services IC 009. US 021 023 026 036 038. G & S: Pre-recorded audiocassette tapes featuring instructions on selecting compatible mates using the Jungian types. FIRST USE: 19930912. FIRST USE IN COMMERCE: 19930912
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75421028
Filing Date January 21, 1998
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition July 20, 1999
Registration Number 2284701
Registration Date October 12, 1999
Owner (REGISTRANT) Avila, Alex INDIVIDUAL UNITED STATES P.O. Box 3728 Alhambra CALIFORNIA 91803
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

And that's just the US. Who knows if there's more out there?

 

[MissFlora]

Yup, that's the owner who emailed me. He owns lovetype.com and used to own lovetypes.com (but let it dropped).

 

[spy69]

Well i would say develope it into whatever you planned on when you picked this up. I dont know much but maybe something non-profit so he cant use it to show bad faith ...?.?.? Not sure just a thought again im a newbie.

Spy

 

[Acroplex]

You missed out the actual trademark:
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75421028

Registered since 1999. You have no recourse to use the domain in a similar manner, ie dating etc. To obtain the domain he'd have to file a UDRP and he would most likely win.

 

[MissFlora]

But I can use it for something other than about dating, love etc? That is the same TM I found in US Copyright & Patent Board.

 

[Acroplex]

What would you use it for?
I see a lost battle, especially since the tm owner actually owned this domain:
http://web.archive.org/web/20040927165523/http://www.lovetypes.com/

 

[MissFlora]

Ya, he used to own lovetypes.com but why he let it drop since it is his TM? And what I am confused with, is that the TM specifically is protecting "lovetype" but does that include "lovetype" + s? I am not sure and will be glad if someone can advise on that. I have not thought of what I will do with it. But I might not design a site and just use it for my email. Overall, I know I will not touch into anything related to love, courtship, dating etc.

 

[labrocca]

I would email him something like this:

I bought this domain for my own development and never thought that general terms such as "love types" will have a lovetype TM-issue. I had some excellent plans for this. I am very sorry about the situation but I have already invested time and money into this project. If you wish to start a URDP to obtain the name it will cost you $1000 and that doesn't include legal fees. I am willing to end my plans and sell you the domain for the $1000. I will just have to find another domain name for my idea. I would like to keep talks open and hope that we can come to a resolve that will satisfy us both.

Thank you

Feel free to copy and paste. I would also give him your phone number and try to just get him to call you. Be very nice on the phone and usually a human voice with inflection works better than emails.

Enjoy.