Trademark Someone is trying to take my domain name

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tviola

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I live in a private community owned by home owners for which I am one of them. We (some neighbors and I) have had a website for over 5 yrs about our community...ie. it's events, CCR's, board meeting notes and any other messages. Another neighbor started a rental business and tries to call our neighborhood a resort (it's not!! It's a residential community w/each home site being independently owned, but homeowners can rent their homes out to vacationers if they would like). This neighbor doesn't like that we post the "community rules" online. He then went and registered his business name and got a trademark (YEARS AFTER WE'VE HAD OUR SITE UP) and has now retained legal counsel saying that we are infringing on his trademark and that we have to take our page down and hand over the domain. His trademark is "Our Community Name" development corp. Our domain name is just our "Community name.com".
So what I'm asking is....Do I have to hand over my domain name to this JERK? It's the community that I live and own in and I've had the domain 3 yrs longer then he's had his trademark.
Thanks for any helpful advice or suggestions.
Theresa
 
Whoever has the longest paper trail or electronic trail. If you can evidence how long you have been functioning under the name. However, this person has initiated the legal course in the matter. If the individual has executed the proper procedure concerning the registering and trademarking and you haven't, your SOL. The only other alternative you may have is to alter the name; spelling, logo, design, etc.
 
You don't have to do anything at all unless a judge orders you to.
You have no obligation to comply with demands or requests made by him or his attorney.

An option: consider selling him the domain name he wants and then alter your own. I suspect you do not have such a high volume of traffic that a name change will cause problems.
 
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Thank you.

I suggest you read paragraph 4, confirm its relation to your situation, research the subject a bit, then tell him to pound sand.[/QUOTE]

Thank you for the advice. I'm not positive I understand the above paragraph 4...... I will have to research some more. We don't have much traffic, but we rank in the top 3 for our development. We actually are Americans, Canadians etc that own property and live most of the time in the development that is on an island off the coast of Honduras. They filed for a trademark in AZ because that's where our domain is hosted. They've also filed for one in Honduras using our development name. They said they are suing us for their legal fees and any loss of business from people confusing our website w/their property management site. Although the rentals we have on the site are direct from each home owner, which is what is allowed to be done in our residential community. I'm not sure I did the right thing, but I was frustrated today. So I gave the site to my Canadian neighbor (transferred contact etc) and now he's setting up hosting in India. If they want to steal our website we are going to make them work a little harder. Did I just screw up by doing that? Again thank you for your help and advice.
 
You seem to have a few inconsistencies. Where is his trademark located? It appears this is a Honduran issue in part. AZ is Arizona, not Arkansas.
 
The domain names you provide don't seem likely to me to get far in the dispute. I don't see a need for you to change anything.

Your neighbor can register logos and such as trademarks but can't trademark the name of the community you live in. He needs to pick a new name that is available.
It sounds like the intent is to bully you with lawyers. I don't think they can get what they want unless you give it.
Again, it seems to me an opportunity for some easy income.
 
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