So 3months ago I bought the domain lets say for example newdomainidea.com After 1month I find out that new-domain-idea.com is a owned website. The site does a similar area of business but not the same products or services. He tries to get rid of me and when he fails to he now emails me and says he is going to sue me for TM instead of buying me. He says it falls under TM of passing off, but my business doesn't provide the same service, nor do I use his logo. I am afraid I will get served soon and was wondering if there is a cheap way to resolve this being that I am lawful so I don't have to pay legal fees/lawyer. any advice?
your domain name look like more valuable than the other, without "-" in between domain name i think arbitrage forum is a good way to resolve your problem.
if the case like that, there is a long long way and not cheap for someone who want to sue you, especially if you're not in the same country with him/her.
Have you looked to see if he "really" holds the trademark on the term?? Most people don't and just claim that they do to scare people in to rolling over.. I'd make sure that he actually holds the mark before I did anything.. And then I'd look at dates of domain registration to make sure he got there first..
No court of compentent jurisdiction is going to allow a suit to be filed unless a properly delivered cease and desist notice has been properly served to the person being sued and a reasonable amount of time to cease has been allowed. Don't let this person bluff you. 99.9% of the people who threaten lawsuits do not have a clue as to the expense or time involved it the action. They have merely watched way to much television. Now if you have copied anything from his site you may have far bigger problems.
Can you give us the domains so we may look and compare the sites to be able to give you better advice?
You want to check if his domain is a trademark first, I got a really good advice from a DP member by asked the same question. Even if he won the case, what do you have to lose other than dropped that domain name?
Heh, tell that to Microsoft and the courts they've filed suit in without sending a C&D first. They seem to have changed tactics of late, but there's no lawful requirement currently that a C&D be sent first prior to filing suit. Golb12, you ought to be fine if your use isn't commercially competing against the other party. But be ready to consult a lawyer who specializes in this since no online forum opinion can substitute for real-world advice from licensed and experienced professionals.
MS has bored lawyers on payroll that need something to do. There may not be an official requirement but around here lawyers will not file without some demand for action before they do. The judges take a very dim view of their time being wasted. YMMV (your milage may vary).
I must disagree. There is absolutely no requirement to send a C&D before suing, in fact you'll find that many top IP attorney's advise against it - especially if the probability of compliance is slim (I have personal experience with this). Why? Venue. If you send a C&D they can turn around and file suit against you in their home turf without every responding to your C&D (and their attorney is going to want to keep the business and not refer it out). By filing a suit first, you get the advantage of a local court without having to hire another firm, or paying travel time to your attorney. If the company that feels they are going to ask for substantial damages, they will also not bother with a C&D.
No where is a C&D required. As stated, Microsoft has recently filed on several domains for violating their trademarks. Sometimes, if Microsoft is feeling generous, they will send you a C&D. But don't count on being able to violate someones registered trademark until a C&D as it is not required. But, I would inquire about the trademark, I have never done this, but I got this number off the United States Patent and Trademark Office Website (www.uspto.gov 800-786-9199. Not sure if it will help, but on the website it says to call that number for help on trademark matters.
You are simply wrong, as previously pointed out, on this point. Judges, for the most part, follow the law and there is no requirement to warn someone and ask them to stop before bringing legal action for trademark violation.