Website trademark infringement question

[emmitt7005]

I purchased a domain name about a year ago and have spent lots of time and money developing it. The site has not gone live yet but should be done in the next few months. Instead of putting up a "under construction" page, I ended up parking it hoping to make a little money while I was developing the site (might have been a mistake?)

I ended up getting a letter from a major online retail site whose name consists of two words (I don't want to use real names here, lets say it is something like priceshopper dot com that is the major online retail site and my domain is something like dealshopper dot com). Their trademark is only on their name and yet they sent me a letter saying my name infringes on their trademark. Only one of the two words is the same and the other word is not even close to theirs - similar to my two examples above. They are demanding that I turn the site over to them within two weeks. I've put alot of time and effort and can't find a trademark on the domain name that I purchased. Should I quickly trademark my name? Do I have to turn it over and lose all the money and time I've put into it?

HELP!

 

[Michael Wechsler]

As I've told others, (1) I can't make any comment on the strength or weakness of the infringement claim without seeing the marks, and (2) it's a common practice for company's to try to poach names that they have no right to that they find desirable. I wouldn't turn over the domain that easily and I would probably contest it and let the company decide if they want to sue me and put their money where their mouthpiece is. Most of the time there is a settlement. However, the only way you can truly know your options is to take the details of your case to a trademark attorney. Having done this many times, your case needs to be reviewed properly and then your counsel can choose the appropriate response. You've invested the money it may be worth just a little more to protect your investment. Best of luck with this.

 

[emmitt7005]

Can you suggest a good trademark attorney?

Thanks for your answer. Can you recommend a good (and reasonably priced) trademark attorney?

I'd also be willing to send you privately the actual trademark numbers and details so you can provide guidance to someone I can talk to???

Thanks again!!! I truly appreciate any feedback.

 

[Michael Wechsler]

If you send me a private message or email to support, I'm glad to assist you. further. "Reasonably priced" means different things to different people too, lol, but I have sources in this area.

 

[MTVQ]

Trademark Attorney

I would like a name(s) of some good Trademark Attorneys.
My company has been in business since 2000. When I applied for my Trademark, I received opposition from a company that had been in business since 2005.
Their attorney wants a Coexistence Agreement. I would like some legal guidance. Thank you for your help.

 

[Michael Wechsler]

I would like a name(s) of some good Trademark Attorneys.
My company has been in business since 2000. When I applied for my Trademark, I received opposition from a company that had been in business since 2005.
Their attorney wants a Coexistence Agreement. I would like some legal guidance. Thank you for your help.

Send a request to our support center and we'd be glad to refer you to a good trademark attorney in your area.

If you're trying to prosecute a trademark and are encountering opposition you will probably want to have a professional consultation with an attorney. A TM is a very important part of any business and the answers are always fact based and specific to the individual case. There are similarities as a whole but each case is obviously unique.