Epik Escrow

Trademark Infringement Question

Labeled as question in Legal Discussion started by Bernard Wright, Jan 11, 2019.

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  1. Bernard Wright

    Bernard Wright Established Member

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    I will withhold my actual domain name, but let's say, hypothetically, that I have owned betimely[dot]com for a few years. I have not developed the site, but I have a redirect to my friend's CPA firm, because why not. And I live in the USA, by the way.

    In the past few years an entrepreneur has started a watch-making and retailing business, and they have been granted the USA trademark "BTimely". They sell their branded watches at btimely[dot]com (without the e).

    If I now use my domain to sell watches of competing brands, or perhaps even a BeTimely (with an e) brand, what's my exposure? Of course, lawsuits are always a possibility, but perhaps someone here knows of similar cases that have already transpired, and their outcomes.
     
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  2. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    This is a great way to lose a domain at Wipo. If you piss people and give them the ammo they will shoot and see what happens.
     
  3. Bernard Wright

    Bernard Wright Established Member

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    Is this the case even if I sell watches, but with no BeTimely branding? Their BTimely trademark prevents me from selling watches at all?
     
  4. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    Just because you registered the name before that TM came into existence, doesn't mean you can start trampling on their rights and profiting from confusion.
    Some people have lost valuable domains just because they were parking them, and the pages displayed sponsored links to competitors, links over which they had no control. Bottom line: don't park valuable names.
     
  5. Bob Hawkes

    Bob Hawkes formerly MetBob NameTalent VIP

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    Hopefully some legal experts (not me!) will weigh in but I think the issue is whether it is confusingly similar. I think most would think so.

    If you had both registered the domain name and been using it to sell watches before the other company came on the scene, even if you had not registered it as a TM, your rights would be more clear.

    As I said, not legal opinion, and some UDRP decisions lately totally amaze me.
     
    Last edited: Jan 12, 2019

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