Discussion:
What is the name of your state?What is the name of your state? Florida
I have this interesting case. I purchased a domain name recently 12/8/2004. In January 10, 2005 I got a phone call from my supplier whose trademark name is the same as my website name. Although I've purchased this name at a very high price he demanded that I give him at just a regular registration fee.
Well I made him an offer to buy it back with profit and he has refused.
Any how I did a trade mark name search and I've found out that the name was registered initially and expired on 02/2001 when the owner died. Then this new owner re-register the trade mark name under the his new company name at 04/2004.
The website name was created first time on 05/2003.
Because the name has expired and the lapse time was more than a year and the new owner has only renew this trademark name at 04/2004 -- Does he have any legal right to this name?
I do not want to give this name away free becuase I've paid a really huge price for it.
Any advice from you is greatly appreciated.
kt
Answer:
Because the name has expired and the lapse time was more than a year and the new owner has only renew this trademark name at 04/2004 -- Does he have any legal right to this name? Well, if this were all there was to it, the answer would be maybe. Just because you registered the domain name prior to the registration of the trademark does not automatically mean you are in the clear -- but if you have a legitimate use for the domain name, and are actually using the site for said legitimate use, then you should be able to keep the domain. I said "should" because there are probably other facts that haven't been disclosed that may change things somewhat.
I have this interesting case. I purchased a domain name recently 12/8/2004. In January 10, 2005 I got a phone call from my supplier whose trademark name is the same as my website name. Although I've purchased this name at a very high price he demanded that I give him at just a regular registration fee.
Well I made him an offer to buy it back with profit and he has refused. This is where your problem lies. If the other guy does have a registered trademark, and you offered to sell the domain with his registered name, that could (and likely would) be construed as cybersquatting, and he could potentially sieze the domain name under the anticybersquatting rules, either via ICANN under the domain name dispute rules, or under the anticybersquatting provisions of trademark law.
If you've spent a significant sum on the name, it's probably worth a few more bucks to go and see a local lawyer with trademark expereience who can review all of the facts and advise you accordingly.
Answer:
Dear Sir:
Actually when I found that the name was for sale I was really shocked. here I was trying to find a name to create a web site to sell this product line that I've found phenomenal. My intention was to sell the same products this trademark owner was selling. I truely love it.
The website was created with all of the products in them and they are very lovely and professional site. These products and descriptions are identical to this trademark owener becuase I happen to be his wholesaler as well.
My intention is crystal clear that I did not buy with intentions of selling the name because I just want to sell this product. And I also supsect that the name will attract a lot of potential buyers of this product. My theory was correct -- in as little as day the site was up I already gotten my first sale.
I only offer back to him because he was harrassing me about the name that I used.
Any how I thank you for your reply and I'll definitely sought the help of a local lawyer.
Any local lawyer in the area of hollywood florida you can recommend I'd great appreciated.
kt