trademarks and domains - question

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  • BlackCrayon
    Too lazy to set a custom title
    • Jun 2003
    • 19634
    #1

    trademarks and domains - question

    i have a domain of a singers name, his lawyer has contacted me and said if i don't hand it over they will get ICANN to take the domain from me. however since i have had this domain registered for 4 years. i believe he has only registered his name as a trademark some time in the past 2 years. does this mean that since i had the name before he registered his, they can't take the name from me? is there a database online or some way i can find out for sure when it was registered. thanks
    you don't know you're wearing a leash if you sit by the peg all day..
    Tags: None
    • Verbal
      Confirmed User
      • Dec 2001
      • 3420
      #2
      Do you currently have material / content on the site that makes you $$$ ?

        Comment

        • XPays
          Team Player
          • May 2004
          • 13002
          #3
          Originally posted by BlackCrayon
          i have a domain of a singers name, his lawyer has contacted me and said if i don't hand it over they will get ICANN to take the domain from me. however since i have had this domain registered for 4 years. i believe he has only registered his name as a trademark some time in the past 2 years. does this mean that since i had the name before he registered his, they can't take the name from me? is there a database online or some way i can find out for sure when it was registered. thanks
          you can start your due diligence at uspto.gov and check the trademark db. if you post the domain in question, that would be helpful. your best hope is that the name is common and you are not using it for music related or whatever categories their mark is in.
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            • BlackCrayon
              Too lazy to set a custom title
              • Jun 2003
              • 19634
              #4
              Originally posted by Verbal
              Do you currently have material / content on the site that makes you $$$ ?
              nope, never tried to make a dime from the site. its just a site where fans of the guy can converse.
              Last edited by BlackCrayon; 12-07-2006, 01:04 PM.
              you don't know you're wearing a leash if you sit by the peg all day..

                Comment

                • BlackCrayon
                  Too lazy to set a custom title
                  • Jun 2003
                  • 19634
                  #5
                  Originally posted by XPays
                  you can start your due diligence at uspto.gov and check the trademark db. if you post the domain in question, that would be helpful. your best hope is that the name is common and you are not using it for music related or whatever categories their mark is in.
                  i couldn't find anything there in regards to the guys name. not gonna post it at this point.
                  you don't know you're wearing a leash if you sit by the peg all day..

                    Comment

                    • XPays
                      Team Player
                      • May 2004
                      • 13002
                      #6
                      Originally posted by BlackCrayon
                      i couldn't find anything there in regards to the guys name. not gonna post it at this point.
                      just based on what you've posted so far, i would say of course to consult with an attorney and also i am not an attorney or giving legal advice, and that the attorney who contacted you is probably bluffing. udrp's are not too costly and go either way though. do not offer to sell them the domain btw.
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                      Insert the HotelHeiress® HD FEED into your members areas
                      XPin.com Opening for Pin Partners Soonish
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                        • LiveDose
                          Show Yer Tits!
                          • Feb 2002
                          • 25792
                          #7
                          That exact situation can go either way each time...

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                            • sextoyking
                              Confirmed User
                              • Dec 2001
                              • 6034
                              #8
                              That happended to me once..

                              Registered derekfisher.com in 97 I think and then a couple yrs later a lawyer for the nba star derekfisher contacted me trying to get that domain. I told him I got it for my programmer who's name is derekfisher
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                                • BlackCrayon
                                  Too lazy to set a custom title
                                  • Jun 2003
                                  • 19634
                                  #9
                                  Originally posted by XPays
                                  just based on what you've posted so far, i would say of course to consult with an attorney and also i am not an attorney or giving legal advice, and that the attorney who contacted you is probably bluffing. udrp's are not too costly and go either way though. do not offer to sell them the domain btw.
                                  well im not too concered about it. if he would of contacted me directly i probably would of just given it to him but since he feels he has to go through a lawyer and throw terms at me like 'violating his rights' i'm not gonna give it up for nothing if i don't have to. we'll see i guess.
                                  Last edited by BlackCrayon; 12-07-2006, 03:07 PM.
                                  you don't know you're wearing a leash if you sit by the peg all day..

                                    Comment

                                    • madawgz
                                      8.8.8.8
                                      • Mar 2006
                                      • 30509
                                      #10
                                      ive heard some fucked up stored about domain cases like this

                                      sorry i cant be of assistance :\
                                      TAEMDLRMSKRJIXMRLSMRJ.

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