Trademark Issue with major University

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motorcycledude1

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I own a domain name (website url address) that a major University contacted me about 2 years ago and asked that I transfer url address to University. They stated that they would reimburse me the cost of registering the domain and hosting fees (roughly $120). They needed the web address for their new athletic program.

At this point, let me provide some brief background. I purchased the domain name (URL address) approximately 2 years prior to the University pursing their new athletic program. I also filed the name with the local county clerk office at the time I purchased the domain name. I had planned to start a youth recreational program using the domain name. Unfortunately, my scheduled prevented me from starting the youth program.

So getting back to the University contacting me about transferring the domain, I informed the University that I needed to do some research and I would contact them later. So I reviewed various college websites and noticed the cost associated with advertising on these websites. Banner Ads, Slide Bar Ads, Footer Ads. The amount of revenue generated was clearly way more than $120.

So I responded to the University with a counter offer (it was a large amount) that was more inline with the type of revenue that would be generated from advertising a website using my domain name. The University then put me in contact with their legal counsel who advised me that the University had declined my offer and that I was not use the the domain name in any fashion in that the domain name is protected by their trademark. This did not sound right.

I contacted a trademark attorney and had a free (10-minute) consultation. After hearing a brief description of the facts, the attorney stated that so long as I placed a disclaimer at the top of website that that website is not affiliated with University in anyway, and I did not use their logos, I could use the website in any in manner and the University could not legally prevent me from using my own domain name.

Is this true? Can anyone provide me with some guidance of this? I have been told that if I decided to create an unofficial fan website for the University's team, I could generate a great deal of income from selling ad space.
 
I have no idea what the name of your site is and whether the name might be subject to a trademark infringement action. If it was, for example, NewYorkGiantsVarsity.com, you might have a real trademark issue. Trademark is all case specific and much will determine whether your name is descriptive, unique, generic, etc. Most of the time a big company will try to intimidate a smaller one into submission by claiming trademark infringement. If this is a major university then I'd say the $120 offer was a complete insult and 2 years is a long time not to do anything after sending you a letter.
 
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