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Domain Name Owner Has a Question Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by jaywhy, Nov 11, 2009.

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  1. jaywhy

    jaywhy Law Topic Starter New Member

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    I hope this is in the right section.

    I opened a business in 1999 and secured then purchased a domain name for the business. I ran the business until 2008 when it was temporarily closed since one of the partners moved out of state. The website has been active, but content was removed.

    In 2006 another company opened for business and used the same name but as a LLC, my company was opened INC.

    This company has sinced trademarked their name and have attempted to "buy/take" my website domain name. They have offered me pennies for the domain name.

    I have recently received a " Demand Engagement Letter " referencing " Trademark infringement" from a second attorney the company has hired.

    I have been in contact with my legal representation and he suggested they have no grounds to stand on.

    I'd just like to hear others opinions on this matter.

    Thank you.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If what you tell me is true, they have no grounds to sue you and you can demand what you want for the domain name. This is just from knowing very little so take my words as just gut feeling and I'll explain why. Your company pre-dates theirs as having done business, thus acquiring at least a common law trademark somewhere. Your domain name was registered before they started doing business. One of the requirements for forcing you to transfer your domain name if they take you to court (it's actually arbitration) is to show that you registered the name in bad faith - which you didn't. So my guess is right now they are trying to scare you into selling it to them for pennies on the dollar. Before you even think so, get legal representation. We can provide you some here using our http://www.thelaw.com/casereview/ or use another attorney. My hunch is that they will say the same as I am. Best of luck to you and glad to hear that you didn't crumble.
     

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