What do you guys think?

[avi2l]

So, in April I registered a .net and .org, of a possible business name. The .com was being used for the same industry in Canada at the time. Now, someone from the U.S. bought the .com and has trademarked the business name without the ".com" as a 1A and as a "first in use in commerce".

I have my site on whypark, and haven't done anything special. But was working on it.

Any suggestions?

Thanks

 

[Dave_Z]

I have my site on whypark

If that shows an ad for a competing product of the "potential" trademark, you
have a cause for concern.

 

[AdoptableDomains]

You didn't state if it could also be used generically which could make a difference. Also, even the Canadian company with a foreign TM could have had a case against you unless it's generic.

However:
1. Avoid any parking links that could be considered bad faith. Better yet even eliminate parking with a "site under development" page.
2. Step up your development efforts, even if crude.
3. Don't offer the name for sale publicly, especially to them.
4. If the above means it now has no value to you, don't waste any more time on it if you really feel you've been trumped by the TM registration and it would keep you from doing that line of business.

Good luck.

 

[avi2l]

I'm reading up on it this weekend. I'm wondering if I can fight the trademark, since in essence I had a site focusing on this subject matter prior to them actually putting up the new site. I wonder if there is a claim for common law trademark in this matter.
The name doesn't look generic.

Adoptable domains: when you say step up development, should I place a competing site?


thanks guys for the responses.

 

[AdoptableDomains]

Adoptable domains: when you say step up development, should I place a competing site?

If you had plans in place, I wouldn't let them stop you, even if it's getting a starter site up. I think having a site going is probably better than a parking page. It could help you and it could hurt you depending on the situation. A lot might depend on the name and the other company involved. If you registered before they started using their name, they should have to prove registration in bad faith. If you are serious and they've only filed for a TM and now been awarded, I think you can even file a protest to them getting it. See an attorney if you are serious about development of the site.

This is not legal advise by the way.

 

[IAmAllanShore]

However:
1. Avoid any parking links that could be considered bad faith. Better yet even eliminate parking with a "site under development" page.
2. Step up your development efforts, even if crude.
3. Don't offer the name for sale publicly, especially to them.
4. If the above means it now has no value to you, don't waste any more time on it if you really feel you've been trumped by the TM registration and it would keep you from doing that line of business.

Short, to the point, and on target.

Just needed to be highlighted

-Allan :gl:

We're glad that you're fond of this member, but please give some rep points to some other members before giving it to AdoptableDomains again.

:doh: