Windowsvista TM Question?

[Michelle]

After reading another thread I was just wondering what happens should some big wig come along and make a tm out of a name you own? Do you HAVE to sell it to them can they sue you for using it even thought you owned it before?
Or can they not make a tm out of it if they dont own it :p

 

[primacomputer]

They shouldn't be able to but it sometimes happens.

 

[Michelle]

They shouldn't be able to but it sometimes happens.

That sucks

 

[tipsfromthetop]

It will happen i have been in this domain industry for many many years. If you have a domain that is registered and infringes on the rights of the Copyright of a company they will sue or kindly at first ask you to hand over the domain. Vista domains are going to be a law firms gravy.

I so remember the court battles of old with microsoft. Even though saying that i have also seen a few domains around that i am shocked they did nothing over, so who knows. Might be worth the gamble this time around i have not bothered.

 

[DNQuest.com]

After reading another thread I was just wondering what happens should some big wig come along and make a tm out of a name you own? Do you HAVE to sell it to them can they sue you for using it even thought you owned it before?
Or can they not make a tm out of it if they dont own it :p

For a direct answer to your question.....

If a TM comes after you own the domain and they come after you, they would be reverse hijacking. They may harrass you to no end, but you do not have to sell. If that ever happens, take them to court.

But remember, a TM does not have to be registered to be a TM. If they had been using the TM before you registered it and they register thier TM with USPTO after you registereed the domain, then that is a different story. Fisrt usage is a determining factor of a TM, not when if it filed with the government.

Keep in mind, using your name or product for commercial use gives you a TM, registering your TM gives you the government backing that the TM is yours.

It will happen i have been in this domain industry for many many years. If you have a domain that is registered and infringes on the rights of the Copyright of a company they will sue or kindly at first ask you to hand over the domain. Vista domains are going to be a law firms gravy.

I so remember the court battles of old with microsoft. Even though saying that i have also seen a few domains around that i am shocked they did nothing over, so who knows. Might be worth the gamble this time around i have not bothered.

I think he was asking if the TM occurred after he had the domain.

 

[edmarriner]

For a direct answer to your question.....

If a TM comes after you own the domain and they come after you, they would be reverse hijacking. They may harrass you to no end, but you do not have to sell. If that ever happens, take them to court.

But remember, a TM does not have to be registered to be a TM. If they had been using the TM before you registered it and they register thier TM with USPTO after you registereed the domain, then that is a different story. Fisrt usage is a determining factor of a TM, not when if it filed with the government.

Keep in mind, using your name or product for commercial use gives you a TM, registering your TM gives you the government backing that the TM is yours.



I think he was asking if the TM occurred after he had the domain.

you learn somthing new everyday