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Old 09-21-2009, 06:39 PM   #1 (permalink)
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TM registered after domain

I bought a domain in 2006, say xyz.com. A new company was started in 2007 with the name xyz. They trademarked xyz in 2007.

Do they any rights on the domain?

Thanks,

Jerome
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Old 09-21-2009, 07:02 PM   #2 (permalink)
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They shouldn't. You filed it before they trademarked the name so you should be safe.
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Old 09-21-2009, 07:20 PM   #3 (permalink)
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the only way i could see you having a problem is if you had ppc ads selling the same products as they do.
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Old 09-21-2009, 08:07 PM   #4 (permalink)
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Just be careful you're not competing in same product or service segment.
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Old 09-22-2009, 12:44 PM   #5 (permalink)
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Thanks

What about contacting the company to try to sell the domain to them? It seems it is better to wait for them to contact me...

Any thoughts?

Last edited by dotpool; 09-22-2009 at 05:19 PM.. Reason: Automerged Doublepost
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Old 11-09-2009, 02:24 PM   #6 (permalink)
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I experienced this exact same scenario. I registered a clean (no trademark) dictionary domain, and a month later a new company TM'ed it. They contacted me and actually threatened action. I told them fine, but expect a counter for damages. Never bothered me again.

It's their tough luck, I'd put anything I wanted up and I have in my particular case.
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Old 11-10-2009, 12:34 PM   #7 (permalink)
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Quote:
Originally Posted by Vjizzle View Post
They shouldn't. You filed it before they trademarked the name so you should be safe.
WRONG, WRONG, WRONG!

If there was a "top ten stupid things domainers think about the law" this would be on that list.

If you registered your domain first and then they registered their trademark, they still may have common law trademark rights that precede your domain registration.

Additionally, if you think that the UDRP is the only procedure by which they may come after you, you're wrong.

You very well may have a defensible domain. But, do not listen to armchair domainer-lawyers. This board is full of more misinformation and misunderstandings about the law than a drunken policeman's orgy on saint idiot's day.
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