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.

 

[primacomputer]

It probably isn't a good idea to say you had no idea there was a trademark. Ignorance is no excuse, and saying this will only weaken your position. If they have already mentioned their trademark then you may want to address it. If not, I wouldn't bring it up. If you have to say something I would simply say that you do not intend to use the name to provide educational services (the class of service they have a trademark on) You do not need to explain what your service will be at this time, simply say that it is totally unrelated to what they are doing.

Unless they have brought up the issue of a UDRP I wouldn't mention that either. All you are doing is pointing him in the right direction. It's my understanding that you are dealing with the individual at this point, not his lawyer. Let him go pay a lawyer to explain the UDRP process. Don't do it for him. At least not in your first response. Save this for later you may need it.

I would certainly emphesise that you intend to develop, or have even begun to develop your service. This goes to show that the name was not registered in bad faith. It also shows him that you have made a commitment to and investment in the name and that you will likely be willing to fight for it.

And most importantly, don't be under the illusion that he “owns” the term “love type(s)”. The term was in use long before he registered his trademark or even used it. It has even been used in what could be called educational services before he registered it. It's not something you would want to bring up unless things get nasty, but his right to have that trademark enforced is pretty shaky.

And last, but not least, in response to any trademark threats it would probably be worth pointing out that “love types” is not trademarked in Canada, where you no doubt will be basing your business.

 

[Dave_Z]

Another detail: if the guy retains a competent attorney, most likely s/he will
search the 'net for any threads relating to the domain in question and might
find this thread itself. The attorney can then try using this against you.

But that's if the complaining party retains an attorney, and a competent one
at that. :D

 

[merlix]

They covered some of this at the Domain Roundtable in Seattle last week.

A UDRP is the least expensive way for a complainant to obtain the domain, but they can't seek damages. In this case, I would say there is a greater than 50% chance that they can obtain it because of the Registered Federal Trademark they have. It costs around $2500 for them to file a UDRP.

To file suit in court is probably going to cost them anywhere from $5,000 to $20,000, but they can sue for damages. I don't know whether you have $1 in your pocket or whether you're on the Forbes billionaire list, but I would let them think you only have $1 to your name. If they file suit in court, I think their chance of winning and obtaining the domain is slightly less than 50%. I think this because they were stupid for letting their valuable mark to expire and I think a judge and/or a jury would think this too. Just don't do anything similar to them and your odds of a win would increase.

My recommended course of action is tell them that you plan on developing it for something other than what they are doing and that you were unaware of their site and trademark. Because of this, you would be willing to part with it for $1000 or $1500 (something less than their cost of filing a UDRP). Let them pay for the Escrow.com service and email them a release that they need to sign that releases you from all liability before the transaction is concluded.

I personally would not sell it for anything less than $1000.

Do a Google search for John Berryhill. He was one of the attorney's at the Domain Roundtable and he was very reasonable on his rates if you need to obtain an attorney even to inquire professionally what you should do.

Good luck.