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  1. 11-13-2009, 12:39 AM #1
    urlurl
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    Old trademarked company

    there is a domain for sale with traffic. when i Google it an old drug propduct that was TM pop's up. It does not seem like the company is around - does anyone see any issues with owning and parking such a name with drug related products under it?
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  2. 11-13-2009, 11:32 AM #2
    marcorandazza
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    Quote Originally Posted by urlurl View Post
    there is a domain for sale with traffic. when i Google it an old drug propduct that was TM pop's up. It does not seem like the company is around - does anyone see any issues with owning and parking such a name with drug related products under it?
    There is a concept known as "trademark abandonment." Without seeing all the facts, one can't really say whether there is a problem here. But, if you have an attorney evaluate this, they could probably give you a reliable opinion on it.
    Marc J. Randazza
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  3. 11-13-2009, 12:33 PM #3
    urlurl
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    Quote Originally Posted by marcorandazza View Post
    There is a concept known as "trademark abandonment." Without seeing all the facts, one can't really say whether there is a problem here. But, if you have an attorney evaluate this, they could probably give you a reliable opinion on it.
    im not looking at spending a lot of money on this - the dn only gets 500 hits/month.

    is there a way to see if the TM is still active/used?
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  4. 11-13-2009, 12:36 PM #4
    Gerry
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    Quote Originally Posted by urlurl View Post
    is there a way to see if the TM is still active/used?
    yes. USPTO.gov

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  5. 11-13-2009, 12:43 PM #5
    marcorandazza
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    Quote Originally Posted by Doc Com View Post
    yes. USPTO.gov
    Not necessarily. That will tell you if the trademark has been registered in the United States. That does not tell you if the owner of the mark has common law rights or registered rights in one of the other 140 or so countries on Earth.
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  6. 11-13-2009, 01:02 PM #6
    Gerry
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    Quote Originally Posted by marcorandazza View Post
    Not necessarily. That will tell you if the trademark has been registered in the United States. That does not tell you if the owner of the mark has common law rights or registered rights in one of the other 140 or so countries on Earth.
    You are so true on this.

    I actually own a TM that I need to built the site launce it before it is claimed "abandoned".

    You must use the mark in commerce and file a statement of use...

    I have that notice literally hanging right above my head so I do not forget to do this within the specified time.

    "Just a lot of embarrassment, embarrassed to be part of group of domainers who would do this to their fellow man.",
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  7. 11-13-2009, 01:03 PM #7
    urlurl
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    that may be true - this seems like its more work than its worth, agree
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