NEED HELP ASAP!! Common Law Advice

Sniper7 · 11-24-2002, 05:35 PM

I have been approached by a large law firm representing a large shopping mall realtor. They are claiming Anti-Cyber Piracy etc...
There main complaint is common law trademark infringement.

I own this mall name and basically they want to steal it from me with threats. I did a trademark search when I purchased this domain and there was a trademark on it but it is dead now and it was owned by another company.

From what I understand about common law trademark infringement is that is geographic not like a registered trademark.

How can they claim I am infringing their real property mall under a common law trademark it's not national, I don't even live in the same state of this mall, and my domain name is worldwide.

As a pre-caution I placed disclaimer that I'm not affliliated with this shopping mall realtor or the real mall property.

Can anyone explain how they can claim common law trademark on me and get away with it.

**IPatlas** · 11-25-2002, 12:39 AM

Originally posted by BigFart
I am not a lawyer and this is not legal advice.

If it is the Taubman Company hassleing you and you have no profit making potential on the name then I think that I would give it up, just to avoid the expense and frustration.

SHould we start a list of companies who are accustomed to hassleing folk like he above case?

Any other to be added?? I d like to kow ahead of time before I try to even counter them

**DomainPairs** · 11-25-2002, 03:10 AM

So Big Fart are you saying that if someone tries to bully you you should just give in. Some of us have the opposite reaction.

The major financial watch dog in the UK hassled a two man business for their domain name. They were so objectionable that he refused to let them have it even when they offered 6 figures. They (the watch dog) lost the case when they tried legal pressure as well.

This was a while ago, but it looks as if the consulting firm are still there.

**ShaunP** · 11-25-2002, 03:15 AM

Sniper7 ... and I'm guessing you just registered it to build a non-profit website for your aged grandmother ... right?

**HOWARD** · 11-25-2002, 03:41 PM

I'll just say amen to B F's advice. it is an economic decision whether you fight them or not, but I NEVER suggest that you give them the domain on a silver platter. You should always cover your costs, at least (unless it is an obvious TM infringement).