Quote:
Originally posted by Gemini
Your *only* real hope is... email them back and ask them for a scanned copy of their originally filed trademark, both in the US as well as their International one. (They have to have an International in most cases if you are outside the US) Also respectfully ask for the URL to their online docs at the UPTO. Explain that you are just verifying their claim to satisfy your accountant and attorneys advice.
NEVER hand over a domain just on a request. You do have every legal right to verify anything anyone tells you in this regard.
Then prey that they didn't get their trademark until *after* your domain was purchased. IF that is the case then they'd have a real hard time taking it. If they do, you are basically screwed.
But in any case, they either HAVE to enforce the trademark against you or lose the right to even own it.
|
Ok, I just got the reply now. Note that Roxio is Napster's parent company and Internet Identity is a private company that has been hired by Roxio.
"Attached please find the trademark registration for the "Napster" trademark, as well as a letter authorizing Internet Identity to perform the domain transfer on behalf of Roxio'(Napster's parent company).
Please reply to confirm that we can proceed with the transfer.
Thank you.
Regards,
Lars Harvey"
The Napster Trademark document says:
- Napster is Reg. No. 2,575,170
- Napster was regsitered on June 4 2002 (6 months AFTER my domain was purchased in December 2001)
- First use 6-0-1999 and In commerce 6-0-1999
Furthermore, the trademark was only placed in the hands of the new company (Roxio) in July 2003.
So when does the trademark date from- "June 4 2002" or "6-0-1999"? Am I saved because my domain was registered in December 2001?