advice needed

[weeps]

I've been running a business online since 2001. Someone has registered a typo of my name and has ads on this site that offer the same service as me so it is obvious that they are trying to profit from my recognized business name. The problem is I have never trademarked the name but have been using it for 5 years now. Is there anything I can do?

I checked their whois and they have some type of domain privacy enabled and it says that the only way to contact them is via express mail and emails will never be answered. The address is some forwarding company so I don't have any details about the registrant either.

[Blarian]

I think it will come down to the date when the domain was registered, and if you actually have rights to that TM - which seems like you should.

Is the typo parked? or what's on the site? If they are operating in bad faith, this could be another factor in your favor.

Sorry that I can't be much more help, hopefully someone can give you a more definitive answer. I'm curious as well.

[weeps]

Originally Posted by Blarian

I think it will come down to the date when the domain was registered, and if you actually have rights to that TM - which seems like you should.

Is the typo parked? or what's on the site? If they are operating in bad faith, this could be another factor in your favor.

Sorry that I can't be much more help, hopefully someone can give you a more definitive answer. I'm curious as well.

My domain was registered in 2001, theres was 2005.

The typo domain seems to be parked and it using my exact niche as it's keywords to target.

Just noticed the domains also listed at sedo with an opening bid of 1000$.

[DNQuest.com]

there are 3 factors here...

1 - Have you done enough to obtain TM status?

2 - Are you able to prove bad faith?

3 - the actual doamin name itself

If you have been running a business and has been successful and active, you may be able to have a convincing arguement for common law TM. You will have to support the claim though. If it is only an affiliate site that has little hits and generates little money, it is less likely you will have protection. But if you have good traffic, have good revenue and you can show you are "well known" in a specific area, that will help you.

It seems obvious the other domain is being used in bad faith. Take screen shots and keep everything.

This is where we are on the other side of the fence and it isn't a fun position to be in.

[fatter]

I think a lot depends on the word, if its a typo of a generic name and he is offering same products as the typo it might be tough to get it. IE: watertankes.com and he is seling water tanks on the site, i think if the word is not descriptive of the product and he is copying you then you might have a chance, would be good to consult with a lawyer we have a few here

[weeps]

If I PM one of you the domains could you let me know what you think?

[DNQuest.com]

no problem...

[Brett Lewis]

There are really two issues here: whether you have a claim and, if so, is it worth spending the money to go after the site with the typo. You absolutely can accrue trademark rights in a domain name by using it in commerce. The domain name dispute resolution providers have recognized trademark rights based on a fairly low threshold of use in certain cases. Some panels will find bad faith based upon a misspelled domain name, but not in every case. The specific facts of your situation, such as how distinctive your domain name is, how long it has been in use, how widely it is known, how many customers you have, how much you have spent on advertising and how likely the misspelled domain name is to deliberately target your Web traffic will all be taken into consideration. An equally significant question is whether it is worth spending the money to hire an attorney either to draft a cease and desist letter, file a UDRP Complaint, or both.

Hope this helps.

Brett E. Lewis, Esq.