Quote:
Originally Posted by marketsmart
i did provide samples showing commercial intent when applying for the trademark, but the other company showed commercial intent by setting up an etail site before i started the tm process...
like you, i i also dont know if an etail site shows the same commercial intent as actually manufacturing a product..
i am hoping for some answers based on experience before i go waste thousands of dollars on an attorney who will just end up telling me the same thing..
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You usually have to meet a few criteria. They are
Identical of confusingly similar: In your example that would be easy to fight off. hotsex and sexhot are not identical or confusingly similar.
Registered and used in bad faith: Considering you had not even used your domain and there is no way the other party is looking to benefit from your names existence, then it is easy to prove they have not registered the domain and are not using the domain in bad faith. A lot of people try these kind of tricky means (including big companies) to reverse hijack domains. If the owner fights it appropriately, you won't win in the example given.
Does he offer a bona fide service from the domain: Yes
If you are looking to reverse hijack some people, you can give it a shot all the same. You might get lucky and they owner of the domain doesn't respond. Otherwise they can easily defend their domain.