Recently I got the email informing that my domain and site name violate the rights of some other companys trademark, that was registered 2 years before me. http://img186.imageshack.us/my.php?image=trademarkza6.jpg My domain is no 1 on the image in the link and other company's is no 2. <<I provide an image because I do not want the domains indexed by search engines, etc>> I believe I do not violate the rules, because; my site has the name coming from different word formation - is has far different meaning! no potentian client would be confused by those two domains I do not have money on lawyer and flying half of globe to the court. I want to have arguments to persuade that CEO that all is alright. Please give me your opinion on that and should I abandon the domain or not?
These are always fact intensive questions. But you should fight back and explain that you had no idea they existed, how you came up with the domain name, etc. If they take you to the UDRP, you can decide to fight or roll-over. The domain has to be worth something to you to warrant an expensive fight.
There are 2 things you can do at hands 1. Fight for it and you would get good promotion but can turn out to be costly and I don't see you have any related brand. 2. Sell it to them for some good bucks as you know they are rich. I would definitely reply saying yes but there was not registered with such intentions and so I would not mind selling it to to you for a good price. If they want they would offer it
No, I just don't want the domains in thread indexed, and the enemy's CEO see it If I offer big money for selling the domain to them, they can trial me on blackmailing, that I registered the domain only to sell with profit to them. Second is, that my domain name is really good I think, and I won't quickly and cheaply find any other good name. If any experienced by similar situation user or lawyer is reading this, please give your opinion
If i were you, i wouldn't worry about a thing. And you said some rich guy emailed you? I get such emails for my clients saying that the site hosted by me has a logo looks like that in a very unprofessional manner. I just delete it.
I personally think you might have a possible legal argument against infringement - but only an IP attorney could get all the facts and render a good legal opinion. The problem is, without any money to fight it, your options are very limited. The trademark owner could take your domain if you don't put up a legal defense. It's very expensive to fight it in court - could easily be six figures. You don't want to spend the money, but the trademark holder might not want to either. Neither side should expect to get attorney fees awarded. As you said, don't offer to sell it to them. It would help them with a bad faith claim. Don't tell them you don't have any money. Your options are to turn over the domain, or let them spend money to take legal action. I wouldn't talk to them if you aren't going to turn over the domain. If at all possible, have an attorney send them a letter. It would probably cost anywhere from a few hundred to a thousand dollars depending on the attorney.
well, the fact is that the buget of my site is about one or two hundred dollars at most. I condsider two possibilities: either I will reach agreement with that company, or I will register another domain for 20$, or just offer them to buy it from me so it will recompensate me the loss=money for another registration ;/ Thanks for advice, Guys!
If this is causing them a problem why don't they registered it earlier they are really fool if they are having problem with your domain..... they will also have problem with every domain having treemo word i suggest you to do nothing they can't do anything to you in any sense....Regards