I registered a trademarked website, however..

Discussion in 'Legal Issues' started by edgeofthecosmos, Apr 28, 2009.

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  1. #1
    Ok lets say for example you register a .info of "USTEK" and then you find out that this name is TMd, however there are hundreds of different websites with "USTEK", but they are all in different fields, one is for air conditioning, the other is for card printing (example). Most of these sites that use this word arent even registered at the government website where you can search for trademarks. Can you then try to sell this dot info to one of them or is that still against the law.

    I just checked the sedo auctions and this name shows up many times under "Make offer" and fixed prices. For example USTEKHotels.com , USTEKGAMES.com. There is also a USTEK.mobi domain there for sale, 3,500 dollars. BTW im using USTEK as an example.

    thx
     
    edgeofthecosmos, Apr 28, 2009 IP
  2. campolar

    campolar Peon

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    #2
    A trademark name is for a field like, USTEK Games is a trademark. Now if you regsiter a domain USTEK and use it for a games website, ur breaking trademark rules. But if regsiter a USTEL domain and make USTEK Cleaners, your on the safe side...

    this is wat i know, what i've read from the trademark website (watever the link is )
     
    campolar, Apr 28, 2009 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    If they were using the name before you, they would have prior usage rights for their use. Trademarks do not need to be registered in the US. You should never try to sell a domain to a trademark holder.
     
    mjewel, Apr 28, 2009 IP
  4. Colbyt

    Colbyt Notable Member

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    #4
    Two very good answers above and they both are correct.

    As long as your usage is in a different class than the others you will have no problems.
     
    Colbyt, Apr 28, 2009 IP
  5. IRCCo Jeff

    IRCCo Jeff Peon

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    #5
    This stuff is near impossible to enforce. We've been working on a trademark infringement case for about 7 months now having spent thousands of dollars and no results yet.
     
    IRCCo Jeff, May 7, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6

    It's not impossible to enforce trademarks, it just takes money and time. 7 months is not very long in the legal process. You should figure at least 1 to 2 years from once a lawsuit is filed before a court date. You will spend tens of thousands, more likely a hundred or more to get through a trial.
     
    mjewel, May 7, 2009 IP
  7. enormous

    enormous Well-Known Member

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    #7
    You can always file a UDRP and try the cheaper way.

    One of our clients has spent over $30,000 in federal court fighting for a domain name that is spelled exactly as his TM and then i told him about N.A.F. and he just filed 2 months ago with success.

    all cases are not guaranteed successful but it is the cheaper and faster route and is backed by ICANN
     
    enormous, May 9, 2009 IP
  8. sacofrome

    sacofrome Guest

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    #8
    trademarks seem to be the king
     
    sacofrome, May 11, 2009 IP
  9. t-allen

    t-allen Peon

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    #9
    There is nothing you can do really if someone buys up the domains. You will have to buy the domain from SEDO.
     
    t-allen, May 12, 2009 IP