Legal Question - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Vision** · 06-06-2006, 02:08 PM

Hello:

In November 2004 I registered MyBlogIt.com. My vision & hope was to develop a portal that generated communal buzz. Unfortunately, personal & business challenges arose that blocked my pursuit of said goal. I thought BlogIt.com was a small hole in the wall firm. When I registered MyBlogIt.com I was in no way trying to capitalize on their crappy unknown site.

In July 2005 BlogIt.com established a trademark.
Today, BlogIt.com in a 1 sentence emailed statement says, "We registered Blogit.com a year and a half before you did, and believe that the use of any variation on blogit.com would be an attempt to benefit from the success of blogit.com."

Now couldn't MyBlog.com make a similar statement? (BTW The domain MyBlog.com sold for $400,000 in December 2005.)

MyBlogIt contains 3 common global keywords.

Any advice would be greatly appreciated. Is there opinion legit? Given their premise, wouldn't MyBlog.com have a say too?

Thank You.

Mike

**renochka** · 06-06-2006, 05:45 PM

I don't see how they can say that without providing documented proof which says that a variation of a trademarked name is not allowed. I think that they are just trying to get you to hand over the domain

**Ian** · 06-06-2006, 05:54 PM

as i see it this is quite simple. it is a matter of who registered before who--they did not obtain a trademark for blogit.com until less than 2 years ago which was ages after your had created your name. you might pursuit a case against them with a good lawyer and win it but it could prove costly if u lose.
however, don't be intimidated, stay firm while dealing with them.
good luck.

**Dave Zan** · 06-06-2006, 05:58 PM

Theoretically you should be able to defend it since you got the domain name
before they filed a TM for it. But their TM's coverage appears quite broad, and
how your domain name's currently showing possibly infringes it.

It really depends on how much you're willing to defend it...or not.

**scrsteven** · 06-06-2006, 07:14 PM

A one sentence informal email? Forget about it. Respond when they send a legal notice by mail.

**Zona** · 06-06-2006, 08:01 PM

I agree. I'd wait until from them with something more official than a one sentence email.

It doesn't sounds like they even asked you to do anything. If they are serious, I expect you should/will receive something much more detailed via email and/or US Mail.

**Vision** · 06-06-2006, 08:22 PM

I'm grateful for everyone's wonderful advice & opining. In the future, any of you are welcome to bounce ideas off me. Thank You.

**DNQuest.com** · 06-07-2006, 10:57 AM

If you look at the TM registeration (which has not been approved yet), first use of blogit is 2/23/04 which is the date that is used when establishing TM rights. And it appears blogit.com was up and running on 3/17/04. You registered myblogit.com on 11/23/04. You have the domain parked at SEDO with links to competitors and have a for sale sign up.... so they do have ground to stand on.

And yes, Myblog could have some say so in this matter...

**Vision** · 06-07-2006, 01:36 PM

DNQuest:

Thank you for your explanation.

How about this rationale:

Blog.com was registered on April 14, 1998, established a trademark in 2000 and they have had 8 years of branding, capital & resources allocated to Blog.com.

Fast forward 6 years and people decide to register BlogIt.com to capitalize upon the fame & success of Blog.com.

Can Blog.com pursue BlogIt.com and say, "hey look you are taking advantage of our success by running a blogging site?"

Thanks.

**aZooZa** · 06-07-2006, 02:24 PM

I don't see it. Check here for allowed multiple filings:

http://tess2.uspto.gov/bin/showfield...h=Submit+Query

**Dave Zan** · 06-08-2006, 08:43 PM

Quote:

Originally Posted by tarheelm

How about this rationale:

Blog.com was registered on April 14, 1998, established a trademark in 2000 and they have had 8 years of branding, capital & resources allocated to Blog.com.

Fast forward 6 years and people decide to register BlogIt.com to capitalize upon the fame & success of Blog.com.

Can Blog.com pursue BlogIt.com and say, "hey look you are taking advantage of our success by running a blogging site?"

Thanks.

Sure they can. But who "triumphs" is another story. :-D

**Ian** · 06-09-2006, 01:05 AM

but i doubt how far companies can get with multiple filings, if at all it is possible. it is extremely tricky here.

**Ian** · 06-09-2006, 01:06 AM

but i doubt how far companies can get with multiple filings, if at all it is possible. it is extremely tricky here.

06-06-2006, 02:08 PM	#1 (permalink)
Vision Platinum Lifetime Member Name: Michael Last Online: Yesterday 10:01 PM iTrader: (0) Join Date: Nov 2004 Posts: 1,236 DNF$: 1,087 Location: Palm Beach Country:	Legal Question Hello: In November 2004 I registered MyBlogIt.com. My vision & hope was to develop a portal that generated communal buzz. Unfortunately, personal & business challenges arose that blocked my pursuit of said goal. I thought BlogIt.com was a small hole in the wall firm. When I registered MyBlogIt.com I was in no way trying to capitalize on their crappy unknown site. In July 2005 BlogIt.com established a trademark. Today, BlogIt.com in a 1 sentence emailed statement says, "We registered Blogit.com a year and a half before you did, and believe that the use of any variation on blogit.com would be an attempt to benefit from the success of blogit.com." Now couldn't MyBlog.com make a similar statement? (BTW The domain MyBlog.com sold for $400,000 in December 2005.) MyBlogIt contains 3 common global keywords. Any advice would be greatly appreciated. Is there opinion legit? Given their premise, wouldn't MyBlog.com have a say too? Thank You. Mike __________________ "Great spirits have always encountered violent opposition from mediocre minds." -Albert Einstein Last edited by tarheelm; 06-06-2006 at 04:59 PM..

06-06-2006, 05:45 PM	#2 (permalink)
renochka Gold Lifetime Member Last Online: 12-30-2007 05:49 AM iTrader: (0) Join Date: Jun 2006 Posts: 1 DNF$: 102 Location: Chicago	Re: Legal Question I don't see how they can say that without providing documented proof which says that a variation of a trademarked name is not allowed. I think that they are just trying to get you to hand over the domain

06-06-2006, 05:54 PM	#3 (permalink)
Ian Senior Exclusive Member Last Online: Today 04:55 AM iTrader: (46) Join Date: Mar 2006 Posts: 1,737 DNF$: 1,239 Location: www Country:	Re: Legal Question as i see it this is quite simple. it is a matter of who registered before who--they did not obtain a trademark for blogit.com until less than 2 years ago which was ages after your had created your name. you might pursuit a case against them with a good lawyer and win it but it could prove costly if u lose. however, don't be intimidated, stay firm while dealing with them. good luck. __________________ Always buying .COM revenue type-ins. PM me!

06-06-2006, 05:58 PM	#4 (permalink)
Dave Zan Platinum Lifetime Member Name: Dave Zan Last Online: 11-12-2009 09:55 PM iTrader: (1) Join Date: Aug 2004 Posts: 1,663 DNF$: 0 Location: Manila	Re: Legal Question Theoretically you should be able to defend it since you got the domain name before they filed a TM for it. But their TM's coverage appears quite broad, and how your domain name's currently showing possibly infringes it. It really depends on how much you're willing to defend it...or not. __________________ *Vidi, Vici, Veni!*

06-06-2006, 07:14 PM	#5 (permalink)
scrsteven Last Online: Today 01:05 AM iTrader: (41) Join Date: Mar 2005 Posts: 927 DNF$: 224	Re: Legal Question A one sentence informal email? Forget about it. Respond when they send a legal notice by mail. __________________ SK Domains I Buy Domain Names .com Parked.com - Try out one of the best parking programs!

06-06-2006, 08:01 PM	#6 (permalink)
Zona Arizona Wildcats Name: Bear Down Last Online: 11-13-2009 11:34 PM iTrader: (58) Join Date: Apr 2006 Posts: 682 DNF$: 587 Location: NC.US Country:	Re: Legal Question I agree. I'd wait until from them with something more official than a one sentence email. It doesn't sounds like they even asked you to do anything. If they are serious, I expect you should/will receive something much more detailed via email and/or US Mail.

06-06-2006, 08:22 PM	#7 (permalink)
Vision Platinum Lifetime Member Name: Michael Last Online: Yesterday 10:01 PM iTrader: (0) Join Date: Nov 2004 Posts: 1,236 DNF$: 1,087 Location: Palm Beach Country:	Re: Legal Question I'm grateful for everyone's wonderful advice & opining. In the future, any of you are welcome to bounce ideas off me. Thank You. __________________ "Great spirits have always encountered violent opposition from mediocre minds." -Albert Einstein

06-07-2006, 10:57 AM	#8 (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: Legal Question If you look at the TM registeration (which has not been approved yet), first use of blogit is 2/23/04 which is the date that is used when establishing TM rights. And it appears blogit.com was up and running on 3/17/04. You registered myblogit.com on 11/23/04. You have the domain parked at SEDO with links to competitors and have a for sale sign up.... so they do have ground to stand on. And yes, Myblog could have some say so in this matter... __________________ Track emails that you send, PM me to find out how....

06-07-2006, 01:36 PM	#9 (permalink)
Vision Platinum Lifetime Member Name: Michael Last Online: Yesterday 10:01 PM iTrader: (0) Join Date: Nov 2004 Posts: 1,236 DNF$: 1,087 Location: Palm Beach Country:	Re: Legal Question DNQuest: Thank you for your explanation. How about this rationale: Blog.com was registered on April 14, 1998, established a trademark in 2000 and they have had 8 years of branding, capital & resources allocated to Blog.com. Fast forward 6 years and people decide to register BlogIt.com to capitalize upon the fame & success of Blog.com. Can Blog.com pursue BlogIt.com and say, "hey look you are taking advantage of our success by running a blogging site?" Thanks. __________________ "Great spirits have always encountered violent opposition from mediocre minds." -Albert Einstein Last edited by tarheelm; 06-07-2006 at 02:08 PM..

06-07-2006, 02:24 PM	#10 (permalink)
aZooZa Name: Dale Hubbard Last Online: Today 04:54 AM iTrader: (45) Join Date: Jan 2003 Posts: 5,874 DNF$: 5,869 Location: Exeter, UK Country:	Re: Legal Question I don't see it. Check here for allowed multiple filings: http://tess2.uspto.gov/bin/showfield...h=Submit+Query __________________ UK Drop Catching Services: Dropsystem.co.uk New! Canada TBR Drop Catching: Dropping.ca New! QUALITY MiniSites: NOTsoMINI.com

06-09-2006, 01:05 AM	#12 (permalink)
Ian Senior Exclusive Member Last Online: Today 04:55 AM iTrader: (46) Join Date: Mar 2006 Posts: 1,737 DNF$: 1,239 Location: www Country:	Re: Legal Question but i doubt how far companies can get with multiple filings, if at all it is possible. it is extremely tricky here. __________________ Always buying .COM revenue type-ins. PM me!

06-09-2006, 01:06 AM	#13 (permalink)
Ian Senior Exclusive Member Last Online: Today 04:55 AM iTrader: (46) Join Date: Mar 2006 Posts: 1,737 DNF$: 1,239 Location: www Country:	Re: Legal Question but i doubt how far companies can get with multiple filings, if at all it is possible. it is extremely tricky here. __________________ Always buying .COM revenue type-ins. PM me!

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