Hello, Please read the following its a very rare case ... i will now get to the point... A domain registration predates a press release for a TV show by 1 month. A disclaimer was put up stating basically.. "no affiliation with TV show." The TV show started (aired) aprox 7 months later after their press release. near that same period they filed for a trademark registration, it was then opposed by another company, also not related to the domain i speak of. Three months after the TV Show started, i received a phone call from the broadcaster, (not the trademark applicant) she stated that she would like me to hand over the domain because i was "certainly" infrindging on their trademark and that i have no right to use it. What she didnt realise is that the domain predates not only the press release for the TV show, it predates the trademark application and it predates the Tv show itself. I responded quickly and stated that i own it, i have a plan to use it, that i am developping it, that was the reason for purchasing it in the first place and that, and that its NOT associated with their TV show !! I also said that just because you decided to do a big TV show (wich is now famous) it does not give you the right to just take away or scare me into giving you the domain, that was basically the end of the conversation. The domain is identical to their TV show name. So After i saw the press release i put up a disclaimer on the site stating "no affiation with the TV show" that utilises the same name as my domain. The TV show has its own site located at another URL .. the broadcasters. My domain name gets more hits than theirs 4 700 000 since 2002.. there's a lot of confusion... And NOW.. in 2006.. the TV show is doing some kind of promo with a big Communications corp. On one of their promo pages, at the bottom... they claimed that my domain is theirs. Could this be a typing mistake ? They added this false copyright notice: www.MYDOMAIN.com © 2006 --------big Communications corp----------- As an example please see the following: ---------A---------- is a trademark of ---------companyB---------- Inc. Based on the television programme '---------A----------' produced in association with ---------company C---------- by ----------company D--------- Productions. Licensed by ----------company B--------- Licensing Worldwide. www.MYDOMAIN.com © 2006 --------company E----------- ALso .. they have an adsense account.. Now .. from the research i've done.. could this be called passing of ?? Meaning :They are passing off my Domain name as their own.... Could they be owing me something ? Could this be domain hyjacking ? I can proove everything in a very small amount of documents. I just want to know if im going in the right direction. Is there Attorneys out there who could take them on on my behalf.. who are they ? pro bono or commission if win ?? Please.. what do you think ? attorney Refferals are welcome Ablebabel
I think there is a lot of information missing in this post. First of all, what would you sue them for exactly? If it's just a type-o, there's most likely no case to be had. It's kind of frivolous. Second, do you have the money to sue? You don't, in my opinion, have some high profile case that an attorney would take for the publicity. Also, they do have a right to sue you over the name. Whether they are right or wrong is another matter and should not be confused with the right to action. Can they prove that they ran an ad with the TV show before you registered the name? An ad might have come well before a press release. If you are confident in your case, the next time the broadcaster contacts you, tell them that you will only speak with their legal representation.
Best and only advice applicable. Be warned that a disclaimer is not enough. As long as your site doesn't have any hint whatsoever that it's somehow related or associated in any way to the other in question, then at least you have a "legitimate" use for it. Whatever the other is known for, don't even have a hint of it save for just the coincidental name. IANAL, by the way. Just one who knows a lot more than the average bear.