Hi there, I bought my domain (onplay.org) by august last year and made a gaming forums/blog in portuguese(Brazil). I live in the UK though. Last day I think one guy that owns the domain http://onplay.com.br wich if for Brasil emailed me and said that "onplay" its his registered trademark and was created 7 years ago and that the site was firstly for web page creations. well I tried to register onply.com.br a while ago but was already registered and always "cannot find the webpage" on this email he told me that he could eadily put my site down as beacouse of the registered name and that he has a lot of resources and wanted to have a meeting with me that they have big plans for the name and that I could become a content creator for them. well searching I noticed that onplay.com.br was registered at 03-03-2008 at 16:43:35 and before there was never a website. so I would like to know form you guys in wich position I am here. Thanks,! Thales
the thing is now I think he just made a cheap copy of what my site is now, with some crap stuff. can I do something against him ? also he never mantioned buying my domain/stuff but putting down. so ?
Trademarks are granted by classification. Even if he had a trademark for web design on the name, your site wouldn't be in the same classification. I don't specifics about trademarks outside of the US, but I don't think he has a case against you. As far as you taking action against him, it's possible if you can establish that you had first usage of the mark (not just before him). It would appear that the .org was in use for games before your site, so I don't think you have a case - and taking action against the other party is going to require spending thousands of dollars in legal fees. You should consult an intellectual property rights attorney if you are willing to spend the money.
Looks like he's trying to scam you, if he registered the site 03-03-2008 and you yours last year then you have seniority and first rights.
Thanks guys, I really though he is just trying to make a cheap copy of my website and Ive been using onplay.org for games since august 07. My site its nothing big just some fellas and a little traffic, what annoys me is that this guy might try to get people to his website on my name wich is onplay.org for games and he would have onplay.com.br for games as well. I mean taking legal action and spending money wouldnt be on my choices as I dont generate revenue on my website,(even though I have adsense). So just to be clear, I would have more rights. and if the guy keeps the domain for games (.com.br) would I just have to bear(beacouse I dont want to take any legal action) the competition using my name and my "niche" ? thank you all for the replies again. THales
The first to use (for that niche - classification) establishes rights to a name. It appears that neither you or the person to contact you was the first to use. It wouldn't be correct to say you have more rights, just that it doesn't appear the person who contacted you has any rights to stop you from using the name based on the information you have provided. It's possible that the "first to use" could try and prevent both of you from using the domain, but this is probably unlikely at this point.
how do you mean the first to use the domain ? the .oRG one ? even though I own it or the other to already registered .com/.net ? thanks again mjewel. bye
Theres no such thing as "registered the site 03-03-2008 and you yours last year then you have seniority and first rights." Whoever has the Trademark can take any domain off you.. If you dont have one yourself ! If you have woogie.com and build a super site and i register woogie.org but Trademark it first i can then take that site off you in a court of law.. but dont worry the guy is just trying to play you.... besides hes in brazil and your in UK.. Would cost him his life savings to chase you through the courts even if hes serious.. (which i doubt 99.9% ) Tell him bollox and have anice day !