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Here is an interesting trademark situation I'm hoping someone can shed some light on for me. Sounds to me like I'm in the clear, but just checking...
I hand-registered a .com name in 2005. To my recollection the other tld's were not taken. No dropcatcher was needed; I didn't "steal" a name that was by mistake not renewed. It's a made up word, but one I thought people in a couple of different industries could be attracted to in the future. There was no trademark at the time and I searched around and I found no reference to the name being used in a commercial way.. I originally had it parked with Sedo, but I started to think it was such a cool name that I wanted to make sure there were no future problems, that I unparked it and put up a xxxxxx.com coming soon page. And I do have an idea for the name that I have been working on, off an on.
This week I received an offer (not nearly enough) on the name with the bidder mentioning that he has the other tld's and would like to buy the .com to build a .com site around his trademarked name. He threw in the word "trademark" in passing, not in a threatening manner, but certainly to make sure I caught on that he had the tm. I checked the trademark office again and there is now a trademark that was filed mid-2006, perhaps 6 months after my purchase of the name.
This name is not even the name of the person's company, but of a line of products he is now calling with this name. But, I searched his company web site where he has all the info on his products and the word does not even show up anywhere. I then went and googled the term plus his name (which is the same as the company name), and there are only 3 references that are just published int he last couple months. They are industry articles that say things like "so and so was showing his new line of 'widgets' that he is calling [domain keyword]."
So this is what I see as the facts:
1. It appears obvious to me that there was no commercial venture in place with this name prior to my registration, or the line of products were out and were not being named with the trademark at the time..
2. There is a trademark that was filed at least six months after I registered the name (didn't have to use a drop catcher; it was just there)
3. There is no reference to this "line of products" on his website and only very recent references in the search engines.
4. I have not parked the name trying to profit off his line of products.
5. Oh, also, my idea for the site is in a whole different tm class anyway, although I have not divulged this info anywhere yet.
What is the opinion of readers here? Does this situation fall outside the cybersqauting law?
And, if he were to intend to pursue me, isn't there an opposite law that I can use for someone trying to take my name via late stage tm registration? I forget the name of this law.
I might be willing to sell the name for the x,xxx range and I've been offered xxx. Just want to know how I should proceed. By the way, I'm sure I have more money than he does to fight. It's not a major company.
I hand-registered a .com name in 2005. To my recollection the other tld's were not taken. No dropcatcher was needed; I didn't "steal" a name that was by mistake not renewed. It's a made up word, but one I thought people in a couple of different industries could be attracted to in the future. There was no trademark at the time and I searched around and I found no reference to the name being used in a commercial way.. I originally had it parked with Sedo, but I started to think it was such a cool name that I wanted to make sure there were no future problems, that I unparked it and put up a xxxxxx.com coming soon page. And I do have an idea for the name that I have been working on, off an on.
This week I received an offer (not nearly enough) on the name with the bidder mentioning that he has the other tld's and would like to buy the .com to build a .com site around his trademarked name. He threw in the word "trademark" in passing, not in a threatening manner, but certainly to make sure I caught on that he had the tm. I checked the trademark office again and there is now a trademark that was filed mid-2006, perhaps 6 months after my purchase of the name.
This name is not even the name of the person's company, but of a line of products he is now calling with this name. But, I searched his company web site where he has all the info on his products and the word does not even show up anywhere. I then went and googled the term plus his name (which is the same as the company name), and there are only 3 references that are just published int he last couple months. They are industry articles that say things like "so and so was showing his new line of 'widgets' that he is calling [domain keyword]."
So this is what I see as the facts:
1. It appears obvious to me that there was no commercial venture in place with this name prior to my registration, or the line of products were out and were not being named with the trademark at the time..
2. There is a trademark that was filed at least six months after I registered the name (didn't have to use a drop catcher; it was just there)
3. There is no reference to this "line of products" on his website and only very recent references in the search engines.
4. I have not parked the name trying to profit off his line of products.
5. Oh, also, my idea for the site is in a whole different tm class anyway, although I have not divulged this info anywhere yet.
What is the opinion of readers here? Does this situation fall outside the cybersqauting law?
And, if he were to intend to pursue me, isn't there an opposite law that I can use for someone trying to take my name via late stage tm registration? I forget the name of this law.
I might be willing to sell the name for the x,xxx range and I've been offered xxx. Just want to know how I should proceed. By the way, I'm sure I have more money than he does to fight. It's not a major company.
