US TM & Copyright-listed owner is in Cayman

[Steffisews]

This is my first post, so please excuse any rank ignorance.

My family owns a company that manufactures Plantain Chips in Tampa, FL. Our current domain is "Chifles-chips.com". We really want "Chifles.com". I wasnt involved in the business when we launched our first website, so I dont know what went on there. I checked WHOIS, and the registered owner is in Cayman Islands. The word and logo for our product and company is TM and Patented in the US, and has been since 1970. It is also TM in Guatemala, Ecuador, Venezuela, Peru and a host of other countries, just not Cayman Islands.

Am I going to have a huge problem getting this from the person or company who is the registered owner since they are not in the US? I asked our attorneys, and they are hemming and hawing a bit. My webmaster says it shouldnt take much more than sending proof of the TM for it to be released.

Any advice? :?

 

[Algis]

You have trademark for exactly "chifles"?

 

[Steffisews]

Yes, we do. If you check the US Patent Office, you'll see it.

Stefanie

 

[Kate]

I checked Chifles . com and among the ads displayed I see a link for 'Plantain Chips'.
Technically it seems to me that you may have grounds for TM claims against the owner. Now it's up to you to demonstrate he is using the domain in 'bad faith' (no legitimate right, exploitation of your brand/TM) and that depends (among other things) on the actual use of the domain.

However it ain't that simple. I suggest that you retain the services of a lawyer that is well versed in intellectual property law. John Berry-Hill or Brett Lewis are a few I have in mind (never dealt with them so far).

 

[Mark]

http://www.namepros.com/legal-issue...commended-lawyers-for-domain-name-issues.html

 

[Dave_Z]

My webmaster says it shouldnt take much more than sending proof of the TM for it to be released.

And if the registrant doesn't dispute the dispute.

Visit that link Mark posted, and I hope you make the "right" choice.