I didnt get any responses on the domain forum but am looking for some help If someone files a trademark on a domain name, and you have a domain that contains part (but not all) of that trademark... can they force you to give it up if they filed their trademark AFTER you had yours in use for 2 years. (they also had theirs in use for a few years) Or do you have a right to maintain it if you had it in use prior to their filing the mark
Without knowing the domain, usually you would be allowed to continue using a domain that was already in use before the trademark was filed. However, please note that a trademark filing may cite a much earlier date that they began using the trademark. So if they were, in fact, using it long before you and only filed for a registered trademark afterwards the answer may be different.
I appreciate your help. I checked who is and they had their domain for awhile. But I've also had mine for over 2 years, but theirs being longer. So I could be forced to give it up? I dont wanna get specific but theirs is a directory that is a phrase. Let's say something like "guysloveworkouts" (that's not what it is, that's an example...though that may be a real site) Their site is a marketing directory. You can contract them and they buy the domain but add your city on the end (so something like guysloveworkoutswashingtondc), put up a sales page website and list you on their main site directory network. However each business is independently owned and operated, so its not at all a franchise, just marketing and a directory, and each business is named it's own name (whatever that may be). There are no standard operating terms or anything for the businesses. My domain contains their phrase with my city at the end. I am merely operating a brick and mortar business Not a directory. It's a generic phrase and I'm surprised you can even trademark that as a domain name, but I saw i was applied for recently. So should I worry?
Probably not, but again without the specific domain it is hard to say. The more generic it is the better off you are. You can PM me your domain and I can give you a better opinion. I assume since it is generic that you are probably operating in a similar field that they are which complicates things.