TM registered after domain

[dotpool]

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

[Vjizzle]

They shouldn't. You filed it before they trademarked the name so you should be safe.

[DomainsInc]

the only way i could see you having a problem is if you had ppc ads selling the same products as they do.

[BidNo]

Just be careful you're not competing in same product or service segment.

[dotpool]

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?

[i-0.com]

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.

[marcorandazza]

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.