Seasoned Advice Needed

**OXCELL** · 07-11-2005, 07:45 AM

The domain in question is Coppermark.com
I registered this name several months before the CoppermarkBank was formed or thought of.
In checking the other extentions I found that the Coppermark Bank had picked up the .net & .org extentions, not in use, along with Coppermarkbank.com and their related extentions.
The Bank also applied for a trademark on the coppermark name.

My question is obvious, although I registered this name several months before the creation of the bank and their filings, would this bank have a right to legally press this issue to obtain the name?

Thank you for your input!

**guile** · 07-11-2005, 09:17 AM

I would develop a completely irrelevant site that thier trademark wouldn't cover. I'm not a lawyer, but i'm pretty sure the fact that you owned it before the bank established helps your case greatly.

**OXCELL** · 07-15-2005, 07:09 PM

Thank you for the input.

**Acro** · 07-15-2005, 08:36 PM

Application for registration of a mark with the USPTO does not mean that with prior commercial use they did not have rights to the mark. IMO, you are asking for trouble with all the *mark names you've been registering.

**DaddyHalbucks** · 07-15-2005, 08:40 PM

TM rights flow from useage. When did they start using the mark? When did you register the domain?

**draqon** · 07-15-2005, 11:45 PM

even if you registered the domain before they filed for the mark or even started using the mark in commerce, i still wouldnt use the domain for anything related to banks or finance or loans.

**M90** · 07-16-2005, 02:41 AM

Here is a good article on Reverse Domain Name Hijacking at DNJournal.
http://www.dnjournal.com/legal/sl_reverse_hijacking.htm

**DNQuest.com** · 07-17-2005, 07:57 PM

Did you have insider knowledge the name was a possible name to be used for commerce, or do you work for any compnay associated with the bank or marketing firm? Or did you just register it and came up with the name all by yourself?

You may see where I am going with this. Answers to the questions could affect your standing with the name.

**OXCELL** · 07-18-2005, 07:10 AM

Thank you for your input, I am self employed in a very different industry, the name was purchased for future use within the metals industry that I compete in.
There was no previous knowledge of the banks formation or intentions on my part.

**OXCELL** · 07-24-2005, 02:25 PM

Application for registration of a mark with the USPTO does not mean that with prior commercial use they did not have rights to the mark. IMO, you are asking for trouble with all the *mark names you've been registering.
__________________

To follow up on your comment, I have purchased many MARK names over the past several years, reason is they sound professional .
I have also sold many of these names for returns that enabled me to send three kids thru private high schools, they are desireable and they do sell.
Thank you again for the time to express your opinions, it's always helpful.

**carlton** · 07-24-2005, 07:29 PM

Originally Posted by OXCELL

Thank you for your input, I am self employed in a very different industry, the name was purchased for future use within the metals industry that I compete in.
There was no previous knowledge of the banks formation or intentions on my part.

Your comments above demonstrate that you did not register the name in "bad faith" and consequently they have no UDRP course of action. As mentioned, you could publish some metal industry content (related news headlines perhaps) to further show your legitimate right to the name. InterestAlert.com provides industry headlines. Best of luck.

**labrocca** · 07-24-2005, 10:37 PM

Did you create a logo? Did you create content? How about use the name? You should contact them and C&D them imho.

This of course would show you have no fear of them C&Ding you and it would open negotiations in case you wish to sell. Tell them you would fight their right to trademarking a name you have previously used. Get a lawyer for this but I think it's your best approach.

You have first use rights and that means something.

I just looked and I see your parked..that's a bad idea. The page has a bunch of bank info on it too. That looks bad. I would immediately remove that and create a logo and add some content related to metal. ASAP like tonight now as soon as you read this.