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BlackCrayon 12-07-2006 02:57 PM

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

Verbal 12-07-2006 02:59 PM

Do you currently have material / content on the site that makes you $$$ ?

XPays 12-07-2006 02:59 PM

Quote:

Originally Posted by BlackCrayon (Post 11482490)
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.

BlackCrayon 12-07-2006 03:02 PM

Quote:

Originally Posted by Verbal (Post 11482502)
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.

BlackCrayon 12-07-2006 03:07 PM

Quote:

Originally Posted by XPays (Post 11482507)
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.

XPays 12-07-2006 03:09 PM

Quote:

Originally Posted by BlackCrayon (Post 11482552)
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.

LiveDose 12-07-2006 03:51 PM

That exact situation can go either way each time...

sextoyking 12-07-2006 03:55 PM

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 :)

BlackCrayon 12-07-2006 05:05 PM

Quote:

Originally Posted by XPays (Post 11482565)
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.

madawgz 12-07-2006 05:18 PM

ive heard some fucked up stored about domain cases like this

sorry i cant be of assistance :\


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