Discussion:
What is the name of your state? TN
I tried doing some searches but couldn't find what I was looking for.
sometime last year, I bought a domain name. I had bought a couple & was going to open a retail store online but never got around to actually doing it.
Apparently, one of the names I bought is trademarked by an established retail store. I just got a letter from an attorney saying that I had to hand over the domain to this company. I went to the website to do a trademark search & couldn't find it but I've heard its not completely accurate, is this true? How else could I find out if it was trademarked?
I don't have any plans on doing anything with the website, in fact, I've been so busy that I really forgot that I had it. I don't have a problem with just handing it over to him except for the fact that I have paid for it (not very much but its the point of the matter) & that I got a really ugly letter from the lawyer.
I guess my question is this: do I have to just hand it over to him or should he have to pay for it? I understand that he owns the rights to the name but I don't quite understand how the legalities work when it comes to domain names & the Internet.
Like I said, I dont care about the domain, I just don't like being threatened. If it's going to be a complicated thing, he can just have it but I wish these attorneys would get a little tact in letters they send!
Someone has directed me to iCANN's dispute stuff & from what I gathered, I don't think I have violated any of the policies. I've also been instructed to not hand it over but at the same time not to ask for a sale.
Any help will be greatly appreciated. Thanks.
Answer:
The most important question to consider if faced with this kind of dilemma is
"is how I'll use the domain infringing on another party's rights?". If your use of
the domain is different or unrelated to what the other party is doing, you have
a chance of keeping it.
A domain name doesn't assign absolute exclusive legal rights to anyone except
to whoever registered and paid for it. But other parties can try to prove they
have greater rights than the domain's current registrant, especially if they do
have a trademark.
FYI, many people and companies nowadays just send C&D letters saying your
domain infringes on their mark/s in the hopes of bullying them into transferring
the domain to them. Some are true, others are just fluff and hype.
One doesn't necessarily need to have a registered trademark if s/he can prove
common law trademark usage. But proving that law is more challenging.
So whether you'll just transfer the name to them or fight for it is entirely up to
you, especially if you have any short or long term plans for it. It's your choice.
And the best trademark database to search...is google itself.