Trade Mark - StarWars

[MikeHu]

Hey guys,

so, you probably heard about the company in UK running their business on StarWars.co.uk - Disney took them to court and won the domain names. bbc_co_uk/news/technology-33451674

The question is...
Do you think, Disney would have a chance if they released the StarWars (and TMs) after someone had the domain name?

Why?
We are running business for over 15 years on our domain... someone bought the TM 5years ago and now wants to take it from us. They need it for their multi billion $ business, but we don't want to give it away... after all, we are running the business for much longer.

Thanks

 

[enlytend]

THese disputes are about usage and details. In that case, Disney had a very clear-cut case against them because they were blatantly using the domain in an infringing manner:

The British company uses the address as a way to direct shoppers to a section of its Jokers' Masquerade store dedicated to Star Wars-themed costumes.

In your case, they might be trying to reverse-hijack the domain or they might have grounds for taking it. Nobody, not even a lawyer, can say one way or the other without examining all the facts and their correspondence with you. Does their USE IN COMMERCE of the name (not the TM registration itself) predate yours? .
Have you contacted a lawyer? Best way to know where you stand and what to do.

If this is the same domain you've posted about elsewhere on NP, it sounds like you have a lot at stake. Definitely lawyerworthy.

 

[MikeHu]

Dear @enlytend
Thank you for your reply.
Luckily, we run website on our domain for much longer... even before they have their TM.
They tried to scare us in regards of the TMs but we feel secure because we have been here much longer and the only thing missing in our case in the 'bloody' TM. We run our business on XXXXX.com and they always uses XXXXXYYY.com - now they are trying to take it from us.
We know that there is something like a "senior rights" so, we should be fine... actually, after we told them that, they stop trying to "scare" us in this way. However... we don't know what they are planning and we need to be ready... especially now hearing about the StarWars (but I get your point).
Thanks a lot
PS: Please, is there any way you may make my posts visible to only VIPs and Admins? I thought I would ask... keep it for a week and delete them just in case... but I can't see the delete or 'priority' button for that.

 

[Tank]

would speak with an attorney who has handled domain cases before. personal opinion is that you are safe but just an opinion and that safe is probably with a major headache down the road could possibly be solved with 1 good call from an experienced Domain attorney? best of luck for ya!!

 

[MikeHu]

Thanks @jhtank01
You are totally right! Thank you
All the best

PS: Good luck with Yoogles! Cool name!