GotDiamonds.com - need advice - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**smonline** · 06-24-2006, 05:20 PM

I've owned gotdiamonds.com since 2003.

Found out GOT DIAMONDS? is a Word Mark/SERVICE MARK since 96/97 (?)
(didn't know about this when I registered gotdiamonds.com).

Got an e-mail from trademark owner (of GOT DIAMONDS?) and I'm waiting to hear from his attorney.

Is mark on GOT DIAMONDS? legit claim for gotdiamonds.com ?

Advice on what I should do? Give up the name if asked or fight to retain?

Thanks.

PS Other "gotdiamonds" extensions are taken and websites are up and running including a diamond seller at gotdiamonds.net . Does GOT DIAMONDS? trademark owner have rights to these extensions as well?

**hunnam** · 06-24-2006, 06:22 PM

Maybe try contacting the owners of the other sites, find out if the same thing has happened to them and see if you's could group together to take them on if thats the route you want to take. Personally I would maybe give it up if its not making too much as its not worth the hassle.

**actnow** · 06-24-2006, 07:37 PM

I would suggest you contact one of the lawyers that specialize in TMs and domains.

It might be a case of reverse hi-jacking.

The first thing the lawyers will suggest, is that, do not discuss the topic on the domain forums.

I would suggest you contact John Berryhill or Stevan Lieberman tonight.
They will acknowledge your email within 24 hours.

John (at) JohnBerryhill.com

Stevan (at) APLegal.com

Good luck.

Epidemic · 06-25-2006, 12:44 PM

Tell them 'Got' isn't a word, it's an acronym for 'BLAH BLAH BLAH'. Nothing they can do about it.

**Salient** · 06-25-2006, 01:36 PM

If it is the trademark holder of "Got Diamonds?" it appears to me the question mark kills the claim to the domain, imo.

I got diamonds and Im not asking you if you got diamonds.

**aZooZa** · 06-25-2006, 02:21 PM

Yeah -- ask the lawyers. IMHO it's a SM not a TM so I don't think their claim is valid in the context of a domain name unless you have a site which uses a promotional phrase with the words "Got Diamonds?". I wouldn't be quaking in my boots on this one.

**WhoDatDog** · 06-25-2006, 03:49 PM

Don't cave in. You made a good faith purchase. Tell them $12,500 within the next week or future emails will be deleted.

**ColdGin** · 06-25-2006, 04:01 PM

One of the things that the lawyers maybe will look if GotDiamonds its a public recognized trade mark or not.

I never heard about that name...but I live outside the US.

I think its not like buying CocaCola.com-.----

I had a similar problem a few years ago....I buyed a domain...that expired....and was part of a company...as a company name...but also...my surname...they call me...trying to scared me...and I ask them for a good offer...they never called me again. I still have this domain.

**DNQuest.com** · 06-26-2006, 12:50 PM

interesting one here.... but none-the-less, if they have a TM/SM, since 1996 (filing date), and they can prove "similiar or confusingly similar" and bad faith, then you could be in trouble... and if you ask for $12,500... that only adds to the fire. Then again, you have a for sale sign up (inquire about this domain) and links, so you are showing no vested interest in the domain.

Sometimes, its not about justice, it's about who can put up the better showing.... so do your best to protect yourself.

06-24-2006, 05:20 PM	#1 (permalink)
smonline Platinum Lifetime Member Last Online: 12-30-2006 07:13 AM iTrader: (2) Join Date: Aug 2003 Posts: 392 DNF$: 1,278	GotDiamonds.com - need advice I've owned gotdiamonds.com since 2003. Found out GOT DIAMONDS? is a Word Mark/SERVICE MARK since 96/97 (?) (didn't know about this when I registered gotdiamonds.com). Got an e-mail from trademark owner (of GOT DIAMONDS?) and I'm waiting to hear from his attorney. Is mark on GOT DIAMONDS? legit claim for gotdiamonds.com ? Advice on what I should do? Give up the name if asked or fight to retain? Thanks. PS Other "gotdiamonds" extensions are taken and websites are up and running including a diamond seller at gotdiamonds.net . Does GOT DIAMONDS? trademark owner have rights to these extensions as well? __________________ HOT Deals on Mobile Phones at Go Phones! GoPhones.com.

06-24-2006, 06:22 PM	#2 (permalink)
hunnam Platinum Lifetime Member Last Online: 10-15-2009 01:44 PM iTrader: (4) Join Date: May 2006 Posts: 353 DNF$: 428 Location: England Country:	Re: GotDiamonds.com - need advice Maybe try contacting the owners of the other sites, find out if the same thing has happened to them and see if you's could group together to take them on if thats the route you want to take. Personally I would maybe give it up if its not making too much as its not worth the hassle. __________________ Newcastle United NUFC

06-24-2006, 07:37 PM	#3 (permalink)
actnow Last Online: Yesterday 02:21 PM iTrader: (87) Join Date: Mar 2003 Posts: 4,413 DNF$: 6,593 Location: Washington,DC	Re: GotDiamonds.com - need advice I would suggest you contact one of the lawyers that specialize in TMs and domains. It might be a case of reverse hi-jacking. The first thing the lawyers will suggest, is that, do not discuss the topic on the domain forums. I would suggest you contact John Berryhill or Stevan Lieberman tonight. They will acknowledge your email within 24 hours. John (at) JohnBerryhill.com Stevan (at) APLegal.com Good luck. __________________ Act Now Twitter - dotcomgroup

06-25-2006, 12:44 PM	#4 (permalink)
Epidemic Registered User - Must Upgrade To Post Last Online: 05-16-2007 02:17 AM iTrader: (0) Join Date: Jan 2006 Posts: 10 DNF$: 171	Re: GotDiamonds.com - need advice Tell them 'Got' isn't a word, it's an acronym for 'BLAH BLAH BLAH'. Nothing they can do about it.

06-25-2006, 01:36 PM	#5 (permalink)
Salient DNF Member Name: Stuart Wood Last Online: 11-18-2009 11:52 AM iTrader: (21) Join Date: Aug 2004 Posts: 607 DNF$: 5,729 Location: Racine, Wisconsin Country:	Re: GotDiamonds.com - need advice If it is the trademark holder of "Got Diamonds?" it appears to me the question mark kills the claim to the domain, imo. I got diamonds and Im not asking you if you got diamonds. __________________ \|Salient Properties, LLC. - Virtual & Real Estate\| See Our Domain List\| \|BuildsOut.com - We Develop Domains, Content, SEO: Higher Revenue\|

06-25-2006, 02:21 PM	#6 (permalink)
aZooZa Name: Dale Hubbard Last Online: Today 08:32 AM iTrader: (45) Join Date: Jan 2003 Posts: 5,878 DNF$: 5,881 Location: Exeter, UK Country:	Re: GotDiamonds.com - need advice Yeah -- ask the lawyers. IMHO it's a SM not a TM so I don't think their claim is valid in the context of a domain name unless you have a site which uses a promotional phrase with the words "Got Diamonds?". I wouldn't be quaking in my boots on this one. __________________ UK Drop Catching Services: Dropsystem.co.uk New! Canada TBR Drop Catching: Dropping.ca New! QUALITY MiniSites: NOTsoMINI.com

06-25-2006, 03:49 PM	#7 (permalink)
WhoDatDog Exclusive Lifetime Member Last Online: Today 01:29 AM iTrader: (22) Join Date: Sep 2005 Posts: 1,137 DNF$: 9,091	Re: GotDiamonds.com - need advice Don't cave in. You made a good faith purchase. Tell them $12,500 within the next week or future emails will be deleted.

06-25-2006, 04:01 PM	#8 (permalink)
ColdGin Platinum Lifetime Member Name: Daniel Last Online: 09-08-2009 09:26 AM iTrader: (23) Join Date: May 2006 Posts: 1,657 DNF$: 2,568 Location: NoWayOut Country:	Re: GotDiamonds.com - need advice One of the things that the lawyers maybe will look if GotDiamonds its a public recognized trade mark or not. I never heard about that name...but I live outside the US. I think its not like buying CocaCola.com-.---- I had a similar problem a few years ago....I buyed a domain...that expired....and was part of a company...as a company name...but also...my surname...they call me...trying to scared me...and I ask them for a good offer...they never called me again. I still have this domain. __________________ Baby Wipes Israel Maps "It´s better to keep your mouth closed and let people think you are a fool than open it and remove all doubt" Mark Twain

06-26-2006, 12:50 PM	#9 (permalink)
DNQuest.com DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002 Posts: 1,100 DNF$: 4,835 Location: Columbia, MD	Re: GotDiamonds.com - need advice interesting one here.... but none-the-less, if they have a TM/SM, since 1996 (filing date), and they can prove "similiar or confusingly similar" and bad faith, then you could be in trouble... and if you ask for $12,500... that only adds to the fire. Then again, you have a for sale sign up (inquire about this domain) and links, so you are showing no vested interest in the domain. Sometimes, its not about justice, it's about who can put up the better showing.... so do your best to protect yourself. __________________ Track emails that you send, PM me to find out how....

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