Quote:
Originally Posted by ShellyCrash
It's hard to say w/o knowing the specifics, even then I'm not an expert but it's a subject I have done some peanut gallery research on. Offhand I would suggest checking into "territoriality" and how it may apply here. Is the person really doing nothing with the domain? Is it just a parked page? If there's any developed web property on that domain they may be within their rights to keep it.
Also they would be the holder of record before the trademark filing, and you'd probably have to make a significant investment into the building of the brand under the trademark and on the .net.. seems risky when there's no guarantee you would get the .com, also you would need to consider the purchase of the .com, while not absolute proof, does hint that you were aware the .com was held by another party prior.
I don't see it as being cut and dry. Have you tried to contact this person and buy it outright? Might be cheaper than lawyers. A good trademark lawyer is going to want around $3k just to give a professional opinion.
|
the domain in question is a parked page. actually i have several domains that i am thinking about going after for a new business model.
one variation of the main domain probably wont work because there is already a registered mark on the core word (NAME.com is registered, but THENAME.com is available).
i don't think i will waste time on the above.
back to the parked page.. it appears that the owner of that domain since 2006 has done nothing with the name. this is the name i am going after.
i'm not concerned with the cost if i can ultimately take the name.
i am concerned with whether i should make an offer for the name or just try to register the mark. i can set up a corp with the name and then try to reg the mark.
i just would like to hear some opinions on which direction is best to take before i write a check to a decent tm lawyer..