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  1. #1

    Exclamation Domain and Trademarks - Calling their bluff?

    I purchased a .com domain from GoDaddy over a year ago, where I learned afterwards, that the name used in the domain, was trade marked. The company now wants me to transfer the domain to them or else their lawyers will be contacting me. They are not willing to pay anything for the domain as they think they have every right to own it. Is it better to just transfer the domain to them or are they bluffing?

    Thanks!

  2. #2
    Join Date
    Oct 2002
    Location
    State of Disbelief
    Posts
    22,953
    Have you researched the trademark they claim? Have you asked for documentation from them about the trademark they claim?
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  3. #3
    Join Date
    Jun 2005
    Posts
    531
    Bear's right: check it out, first. Don't just cave.

    If your use doesn't infringe on their mark, you should be okay, but if you do get a "bigfoot letter" from their attorney/lawyer/solicitor, get legal advice. I am not a lawyer but have handled these sorts of things on multiple occasions and haven't lost a domain yet.

  4. #4
    Join Date
    Jun 2005
    Posts
    5,866
    I agree with bear and Domainitor. Check it out. USPTO is you friend. A Google search might turn up something. Personally, if the C&D comes from a company who is threatening legal action, I'd ignore them. Wait for their lawyers to contact you. You then know it's not just a "bluff". You might also consider if there is anything on the website/parking page that infringes their trademark. If there is. It's a Gotcha! Even if you subsequently take that content down. In which case I wouldn't put up a fight. I'd be nice and cooperative with their lawyers and give them the domain. You could ask for out of pocket expenses.
    Last edited by stub; 02-01-2008 at 11:04 PM.
    Signature Under Construction.

  5. #5
    The words are definitely trademarked, I found it in
    USPTO, but it doesn't mention websites or domains.
    It mostly all apparel items. And they may be a potential
    client, so I guess I don't want to burn bridges in the
    process.

  6. #6
    Join Date
    Jun 2005
    Posts
    5,866
    Yeah. But you can only infringe on a trademark if you have content which infringes the trademark. No infringing content, no trademark infringement.
    Signature Under Construction.

  7. #7
    Join Date
    May 2006
    Location
    The PitLane
    Posts
    2,874
    Owning the domain I would consider legit, abusing the domain would not be.

    Do you want them as a client if they want to 'screw with you', before there your client ?

    Personaly, I'd give them 3 options:
    a. Purchase the domain from you for $1000
    b. lease the domain from you for $10 pm
    c. Go suck eggs
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