Trademark - Domain

[sasquatch]

I registered a domain name a while back and I have heard that a company is now registering the name of my domain as a trademark, does anyone know if I am safe in thinking they can't snatch it off me?

[gadget]

It's possible.

I had a recent experience where I had registered a domain before the trademark application was granted. However as they had other trademarks that were related they 'appeared' to be in a stronger position.

I had neither the time to fight them nor the desire to spend a lot of money on legal expenses so negotiated that they bought the domain off me.

PM me if you want to send me the domain and trademark / other company details.

All trademarks can be contested through the application process.

[tbp]

It really depends on if the domain is in use or not.

If the domain is now parked, they trademark it, and then you launch a site in a similar vein to the theirs its likely that it could be taken off you.

If you already have a site up there, which was there before they got the trademark and it stayed the same, then they are unlikely to get it off you. They may threaten lots, but if it went to court its likely to go in your favour.

[Lawcom]

possession is still 9/10ths ..

The key factor is, are you making money off their trademark, just having a trademark for a word does not give them the right to take it from you..

If they do want to have it then putting something up on a site will give you more to bargain with, if you are not using it then at least sell it to them at a price you would be happy with, if you do use it they can not force it from you except with the bluster of legal volleys ...

You are in the position of strength but if you think there may be a problem then secure your position, use it ..

[tbp]

Remembered seeing an article on this subject, where MySpace tried to force the handover of a myspace domain which was registered before they started.

MySpace stripped of myspace.co.uk domain victory | The Register

[sasquatch]

Thanks guys, usefull info!

Ill have to seek some legal advice just in case. Ill keep you updated..

[affiliatemarketingltd]

yeah .. if i was the owner of myspace.co.uk who a mate of mine knows .. i woulnt let that go for anything less than £1 mill min !

it makes a killing parked ...

fair play to the bloke for winning but in my opinion that was a no brainer... reg'd at least 5 years before myspace.com lol

[accelerator]

Remember that a UK trademark is only granted for particular classes (lines of business) and before a UK trademark gets granted it has to be published in the trademark journal where others are allowed to object to it, so you should be watching the application process / journal publishing and be ready to object to it if necessary.

Besides this, if you had the domain before they ever had the trademark, it puts you in a reasonably strong position.

Rgds

[gadget]

sasquatch - did you get me PM?

[Ramazotti]

I am having similiar problem as well.

I register these domain names 4 years back...and now Big brothers wants it back for peanuts....any advise..

Googleshopping.co.uk - google shopping Resources and Information. This website is for sale!
Online Shopping
www.yahooshopping.co.uk

Cheers
RamaZotti

[John Jupp]

Originally Posted by Ramazotti I am having similiar problem as well. I register these domain names 4 years back...and now Big brothers wants it back for peanuts....any advise.. Googleshopping.co.uk - google shopping Resources and Information. This website is for sale! Online Shopping www.yahooshopping.co.uk Cheers RamaZotti

You don't want to do it by halves do you!!!

Talk about being ..erm..brave.

You have no chance.

[Lawcom]

lol those are good

still you do still hold a position, it is not unreasonable that you would want to anaylise google or yahoo shopping and give up that information to users, although I think the best you will be able to do is to go to arbritration and would most likely pick up between £500 - £1000 for each domain.

other than that these companies would just take you to court, just as policy and would cost you a good deal to hold on to, you still may well have a case to keep ahold of them, but realistically unless they are worth it, you don't stand much of a chance against that kind of spending.

Personally I'd set your price at around £5000 each and you may well get £1000 per domain, that's just from experience, if you can get that I'd take it and run ..