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| Platinum Lifetime Member | 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?
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| Platinum Lifetime Member Last Online: 10-15-2009 01:44 PM iTrader: (4) Join Date: May 2006
Posts: 353
DNF$: 428 Location: England
Country: | Re: GotDiamonds.com - need advice Maybe try contacting the owners of the other sites, find out if the same thing has happened to them and see if you's could group together to take them on if thats the route you want to take. Personally I would maybe give it up if its not making too much as its not worth the hassle.
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| Last Online: Yesterday 02:21 PM iTrader: (87) Join Date: Mar 2003
Posts: 4,413
DNF$: 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. |
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| DNF Member Name: Stuart Wood Last Online: 11-18-2009 11:52 AM iTrader: (21) Join Date: Aug 2004
Posts: 607
DNF$: 5,729 Location: Racine, Wisconsin
Country: | Re: GotDiamonds.com - need advice If it is the trademark holder of "Got Diamonds?" it appears to me the question mark kills the claim to the domain, imo. I got diamonds and Im not asking you if you got diamonds.
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| Name: Dale Hubbard Last Online: Today 08:32 AM iTrader: (45) Join Date: Jan 2003
Posts: 5,878
DNF$: 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.
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| Platinum Lifetime Member Name: Daniel Last Online: 09-08-2009 09:26 AM iTrader: (23) Join Date: May 2006
Posts: 1,657
DNF$: 2,568 Location: NoWayOut
Country: | Re: GotDiamonds.com - need advice One of the things that the lawyers maybe will look if GotDiamonds its a public recognized trade mark or not. I never heard about that name...but I live outside the US. I think its not like buying CocaCola.com-.---- I had a similar problem a few years ago....I buyed a domain...that expired....and was part of a company...as a company name...but also...my surname...they call me...trying to scared me...and I ask them for a good offer...they never called me again. I still have this domain.
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| DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002
Posts: 1,100
DNF$: 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.
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