I came up with a domain name about 3-4 months ago, didnt tell anyone and didnt have the money to register the name, done a search online and the domain name was free, a month latter a site pops up, and has taken the .com reg of the domain, i reg .net and continue on build the site. over the last few weeks i have been getting email threats that the domain name is a trade marked name, and owned by him. i have done on a search on both, trademarkia and ipo.gov but the trade mark is nowhere to be found, i think that he is threatening me so i take down my site, so he dont need to register it. would it be wise to register the name. or because he had registered the domain a month before me, will he be able to contest/stop me from registering the name? p.s. if i am to register the name, will i be able to force him to take down his site, as it have my trade marked name? Thanks.
If you mean register the domain name, that depends how you intend to use it. Arising from that, the other party may or may not be able to stop you depending on how likely people will 'confuse' your domain name or site with his/her trademark if any. Registering a domain name doesn't grant intellectual property rights of any kind to it. So no, you can't use that to stop the other party. OTOH, trademarks arise from usage rather than registration. Depending on how that person uses the word/s in commerce, s/he may or may not have one to begin with. This is something only a lawyer experienced in these things can answer accurately, particularly if one isn't (understandably) able to share more details online.
i have the domain, we both supply info on a niche, my site is free, his is membership, i own .net, he owns .com
The same niche? If: a) he got there first, b) you got your idea from that, and c) he can demonstrate trademark rights, unfortunately he can force the issue if s/he's inclined to. It may cost him/her money. But for some, it's...the principle.