I own a domain name that is a phrase lets say it's "geattastinghamburgerswashington.com" now there is a directory called greattastinghamburgers.com this directory is run by a marketing company that is called by another name. The directory has a turn key marketing system where a business owner can contact them and they will buy the domain for that customers city so "greattastinghamburgersyourcity.com" and put a sales website on there. They link all the sites they own on the directory, but it clearly states on the directory that all locations are independently owned and operated. Mind you these are NOT the business names, just a descriptive phrase for the website domain. The business name could be "jones hamburger" or whatever. basically its a turn key marketing service, and gives the guise of a franchise or "network" when really they have no governing over business practices, etc. Now, they had a lawyer send me a letter about a year ago demanding i turn over my domain name for trademark infringement. I checked and they did not have a us trademark. I simply ignored it and did not hear a thing since. I see now that about a month ago they filed a trademark for their directory. thinking preemptively: Can they come after me for my domain that has the city at the end? Can they make me turn it over? Is a trademark retroactive? I had my domain for about a year before they contacted me and it will be about 2 years by the time they get a trademark. So will I be infringing? I am legitimately using it for my business as a descriptive phrase, so I do not feel I am under the "cybersquatting law" Does trademarking a name automatically grant rights to anything using that term, in this case a descriptive term? What should I do? I would have considered turning it over but I paid for good seo on mine. It also might be worth saying that their headquarters and my business are separate states. They do not have a location they market for within 3-4 hours of me. I can only assume he wants the domain b/c he has a client in this name of city and wants to make them a site. Give that I've paid for seo, I feel turning it over could damage me. I would consider selling it, but I dont want to get in trouble for squatting. Thanks in advance for your help!
As long as you have register it before they have make a trademark you have nothing to fear... Even if they have trademark the domain before you that doesn't mean that they own all the similar domains...
IANAL, but I personally wouldn't worry (if I was in your position). I don't know your full story, but their reasoning to have your domain seems stupid (well, stupid for other reasons, too) - if you have a real, active business that it represents. Obviously, I've made some assumptions here. If you're really worried, see a lawyer for good advice. (But also remember that he or she can be wrong, too). Or contact one of the many lawyers who blog (I would try the free advice route first as this claim is so stupid sounding that it's not worth paying for). Popehat.com might be a good place to start. Again, this is assuming you have a real business (or website) running (and don't just have it parked or similar - although even then their claim seems lame).