TM registered after domain - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**dotpool** · 09-21-2009, 06:39 PM

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** · 09-21-2009, 07:02 PM

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

**DomainsInc** · 09-21-2009, 07:20 PM

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

**BidNo** · 09-21-2009, 08:07 PM

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

**dotpool** · 09-22-2009, 12:44 PM

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** · 11-09-2009, 02:24 PM

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** · 11-10-2009, 12:34 PM

Quote:

Originally Posted by Vjizzle

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.

09-21-2009, 06:39 PM	#1 (permalink)
dotpool Platinum Lifetime Member Last Online: Yesterday 06:41 PM iTrader: (0) Join Date: Apr 2006 Posts: 32 DNF$: 32 Location: Vancouver	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

09-21-2009, 08:07 PM	#4 (permalink)
BidNo Platinum Lifetime Member Name: Richard Last Online: 11-12-2009 12:21 PM iTrader: (0) Join Date: Feb 2006 Posts: 1,162 DNF$: 2,298 Location: Dallas Country:	Just be careful you're not competing in same product or service segment. __________________ BidNo from HighEndNames.com Looking for Domain Sales History? See DNSalePrice.com

09-22-2009, 12:44 PM	#5 (permalink)
dotpool Platinum Lifetime Member Last Online: Yesterday 06:41 PM iTrader: (0) Join Date: Apr 2006 Posts: 32 DNF$: 32 Location: Vancouver	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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09-21-2009, 07:02 PM	#2 (permalink)
Vjizzle Platinum Lifetime Member Last Online: Yesterday 12:53 AM iTrader: (11) Join Date: Dec 2008 Posts: 141 DNF$: 10	They shouldn't. You filed it before they trademarked the name so you should be safe.

09-21-2009, 07:20 PM	#3 (permalink)
DomainsInc Platinum Lifetime Member Last Online: Yesterday 11:02 PM iTrader: (3) Join Date: Jan 2007 Posts: 1,440 DNF$: 437 Location: Ottawa Country:	the only way i could see you having a problem is if you had ppc ads selling the same products as they do.

11-09-2009, 02:24 PM	#6 (permalink)
i-0.com Gold Lifetime Member Last Online: Yesterday 05:00 PM iTrader: (0) Join Date: Apr 2006 Posts: 82 DNF$: 152 Location: Atlanta Country:	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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