Domains and trademark question

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  • BRISK
    Too lazy to set a custom title
    • Feb 2003
    • 12240
    #1

    Domains and trademark question

    What would happen in this scenario:

    I buy a one word domain in 1999. At that time nobody holds a trademark for that word. Now five years later in 2004, a new start-up company gets a trademark for that specific word. I've never used the domain for anything, can they now force me (legally) to hand over the domain even though I owned it years before they even had a trademark on the word?
    I post on GFY so that when people ask me what I do,
    I can tell them that I work with the mentally retarded.
    Tags: None
    • BRISK
      Too lazy to set a custom title
      • Feb 2003
      • 12240
      #2
      To put it another way, is it still considered cybersquating if you bought the domain name BEFORE they were issued the trademark for that word?
      I post on GFY so that when people ask me what I do,
      I can tell them that I work with the mentally retarded.

        Comment

        • gwilkins
          Confirmed User
          • Feb 2004
          • 744
          #3
          I'm not sure if they can do it but to maintain their trademark they are obligated to defend it so you will hear from them if they notice

            Comment

            • BRISK
              Too lazy to set a custom title
              • Feb 2003
              • 12240
              #4
              Originally posted by gwilkins
              I'm not sure if they can do it but to maintain their trademark they are obligated to defend it so you will hear from them if they notice
              hmmm....that's true. I'm just wondering if they would actually be successful in forcing me to hand over the domain even though I owned it years before they got the trademark on the word.
              I post on GFY so that when people ask me what I do,
              I can tell them that I work with the mentally retarded.

                Comment

                • Mr.Fiction
                  Confirmed User
                  • Feb 2002
                  • 9484
                  #5
                  If you never used it, and they are using it, then it's very possible that they can take it from you if you don't take some action.

                  If it's a very valuable domain to you, you should talk to a domain lawyer and figure out a good plan now, before they decide to come after you.
                  Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                    Comment

                    • GeorgeK
                      Confirmed User
                      • Dec 2003
                      • 423
                      #6
                      They'd be unable to show that you registered the domain name in "bad faith" (since they and their TM didn't exist when you registered the domain name 5 years ago). The following case is relevant, as it mirrors your situation:

                      http://arbiter.wipo.int/domains/deci...2002-0896.html

                      So, you need not worry too much. Although, should you start using the domain name in the same field that they have a trademark, then you might be open to a lawsuit (although they shouldn't win in UDRP --- although some of the panelists deciding these cases tend to make up the rules as they go along). If their trademark is in bananas, but you use it for cameras, then you are safe.
                      I buy good domain names. Send lists to George (at) LOFFS.com

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