domain advice please

I just received this by email:

I registered the domain a few months ago. Do I have to give it up or is someone trying to scam me? How should I proceed here?

Thanks.

Jez.

 

I may be wrong on this but it is my understanding that you can own the domain but you can't use it if it is a trademarked name.

 

Thanks for the reply. I suppose that includes redirecting to another domain?

 

It is possibly a real tm holder, but most likely a scam. Request verification of the TM, and post the results..

 

Yes, that's they way I understand it. Redirecting would still be using it.

 

The first question is whether it is a trademarked name. If it is, and the letter writer appears to be a legitimate representative of the trademark holder, it probably isn't worthwhile to hold onto it.

 

This is true.

 

Ok, I will try and find out if the person is legit. It's a bit annoying if I have to give it up as I paid quite a bit for it as a PR5 domain You would think it the TM holder would have a responsibility to keep track and ownership of such items! Well, that's my take on it anyway! Oh well, easy come easy go!

 

Um, it sounds like someone IS keeping track, and that's why you got the letter. Just because they don't always find sites the same month they are made doesn't mean they aren't trying.

 

Yeah, true. It could be worse - I haven't actually done anything with the domain - buit like I said, I did pay quite a bit for it.

 

And this should be a lesson for anyone who wants to register a domain name:
to see if someone has established trademark rights for the term in question.
You may feel angry about it or whatever, but it is your responsibility to check
for possible trademarks.

Companies and individuals who invest a lot of time, money, and effort to make
their brand known are being smart. We should be smart as well.

If your usage is similar or associated in any way to what the other party is
known for, then you will potentially infringe their trademark rights. However, a
meeting of the minds is one instance where everyone can stand to benefit.

If both minds are willing to meet somewhere, anyway.

 

Hi,

Thanks everyone. I just got this from the TM owners:

It's odd as I didn't backorder the domain - and I certainly didn't pay standard fees for it! I paid $229 US!!

I wrote back asking if they will pay the fee I paid. If they do, they can have the domain with no hard feelings. But I have to say, their oversight in renewing the domain has so far cost me $229 - is that fair?

 

Actually, they seem pretty cool about it. They are willing to reimburse me for the full amount I paid - so as long as I can find proof of it there should be no harm done.

 

There's not much smart in forgetting to re register your domain name and not noticing for another couple of months!

 

I would just give it to them, if you haven't actually developed the domains and put any kind of effort into it.

 

That even happens to the big boys:
http://www.theregister.co.uk/2003/11/06/microsoft_forgets_to_renew_hotmail/