What if name has multiple tm's from multiple companies?

[markfromslo]

One of the domains I own has about five different companies with a trademark on it. If one were to come to me and demand the name, how does that work? It's not like they have exclusive use of that name (only in their class) -- it's already shown that others are allowed to use it for their business as well. Would they not have to show that I am infringing on THEIR tm class, rather than another's?

Is the the what is showing on the parked page that makes a difference? Should I not park it? Should I create a "coming soon" page that says that the site will be used for something unrelated to any of the tm's?

Note: when I bought the name I had no idea of the various tm at all -- it's a generic sounding two-word name.

By the way, I've been getting offers on it.

I only paid $60 for it anyway.

 

[DNQuest.com]

If one were to come after you, it would be based soley on teh merits of that particular case. In UDRPs, the criteria is as follows...

Do they have a right to the name?
Do you have a right to the name?
Is the domain being used in bad faith?

The answers to 1 + 2 are obvious, yes they have a right to the name via their TM, you have no right to the name sinc eit is not your name and since you are parking the domain, you do not create interest in the domain. Question 3 is tricky, first, it is a parking page, sop you are creating revenue from a TM domain, now the links on teh page are crucial. If you have competing links, then that is an almost instant loss. If not, you have to prove it so.

It does not matter about other companies and UDRPs do not deal directly in class of service unless you actually developed the domain into some form of business and actually trying to establish rights to the name. Tis is not TM court, it is domain court, that is why ruling seems to be more liberal to TM holders.

 

[circa1850]

Also, keep in mind that a trademark can be a logo or design of a particular company or organization...exactly at is implies; a TRADE MARK.

And there are international as well of nationally awarded trademarks. If five companies are registered TM holders, then they may be in 5 different classifications of enterprises, not competing with one another, or simply different branding of a product or design solely for their use and identity.

 

[markfromslo]

1. What if two tm holders of different classes contacted me around the same time. Which would be chosen as the "rightful" recipient? Assume they both have just as strong of trademarks, but in different classes. How would I even know which one to give it to?

2. If I start a web site that deals in something completely different than all the various trademark holders, and make no income on ads or whatever related to their classes, would that allow me to keep it?

 

[Dave_Z]

1. What if two tm holders of different classes contacted me around the same time. Which would be chosen as the "rightful" recipient? Assume they both have just as strong of trademarks, but in different classes. How would I even know which one to give it to?

2. If I start a web site that deals in something completely different than all the various trademark holders, and make no income on ads or whatever related to their classes, would that allow me to keep it?

1. Rightful recipient? I thought rights (except enforceable ones) are arbitrary.

But assuming you're indeed infringing both their trademarks, tough call. If I
were in your shoes, I'd tell 'em one's also claiming and let 'em duke it out. :D

That reminds me of a UDRP decision where 2 competitors filed a joint dispute
against the registrant and successfully won, though I'll try to remember what
that is.

2. Possibly. However, there are unreasonable stealthy (hint) jerks out there
who have lots of money who might try to run you down in legal costs.

Try to expect the worst and prepare accordingly. Avoid it if it can he helped.