Trademark and domain name

Discussion in 'Legal Issues' started by brainless, Mar 24, 2009.

  1. #1
    Hello, I registered 4 domains(com, net, info, org) with one name before more than a year. This week i received e-mail from a company which register trademarks and domains and they inform me that their client wants to register this name as trademark. They asked me if I want to register it because I currently use the name but I can't spend $2000 now. My question is when this company register the trademark could I continue using my domains in peace or this will be consider as violating trademark law? In spite of I'm the first who have registered this name as domain ?
     
    brainless, Mar 24, 2009 IP
  2. tobycoke

    tobycoke Well-Known Member

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    #2
    1) It smells like a scam to get you to buy their trademark services. There is no "client who wants to register this name as trademark." They just want to scam you out of $2000.

    2) Companies cannot register a trademark after you bought the domain and then take it from you. This is known as reverse hijacking.
     
    tobycoke, Mar 24, 2009 IP
  3. 4chp

    4chp Peon

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    #3

    But they can pay you an pretty large sum for them :) If it is legit that is!
     
    4chp, Mar 24, 2009 IP
  4. Pixelrage

    Pixelrage Peon

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    #4
    Politely tell him to stick a cactus up his ass.
     
    Pixelrage, Mar 24, 2009 IP
  5. hostlonestar

    hostlonestar Peon

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    #5
    No, they can't do anything to you even if they do register it as a trademark. Those take almost a year to process and you can dispute it citing you have registered the domain already and did so before they filed their trademark claim, then they don't get it. Even if it was a registered trademark already, it would require you to use the domain in the same field as the company that trademarked it. I.e. selling shirts when they sell shirts. But, fi you sell couches, then, there is no trademark violation. On top of that, trademarks are real easy to do and you don't need to pay anyone for it. Just the 30 or so dollars to register it should you want to register it.

    This is probably a scam though.

    Don't even reply to this person, not worth your effort or time. Just someone trying to steal your money. Or, you can offer to sell them to his "client" for 4000 dollars each.
     
    hostlonestar, Mar 25, 2009 IP
  6. brainless

    brainless Guest

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    #6
    Thanks all, they stop sending me e-mails :)
     
    brainless, Mar 28, 2009 IP