Bought auctioned name, discovered Service Mark afterwards (ugh)

[domain_investor]

I just paid a good amount for a domain at Godaddy Auctions. I always checked for trademarks first, but this time I screwed up and did not. Afterward, I discovered that there is a "Service Mark" on the name (owned by a company in China). I haven't paid for the name yet, but I know I have to or I'll get my account frozen.

Considering that an owner of this domain name could begin a website that does something totally different than what the Service Mark describes, could they still legally get me to hand over the name?

Note: the mark is shown in the USPTO documents in a stylized manner, and not sure if this means they are just trademarking the style or the actual words. ???

Thanks!

 

[BiggieBiggie is verified member.]

Considering that an owner of this domain name could begin a website that does something totally different than what the Service Mark describes

usage, would be part of the argument
so, if usage was different, then it might not be infringement

not a lawyer, but that's part of many rulings
imo..

 

[Enerika]

I just paid a good amount for a domain at Godaddy Auctions. I always checked for trademarks first, but this time I screwed up and did not. Afterward, I discovered that there is a "Service Mark" on the name (owned by a company in China). I haven't paid for the name yet, but I know I have to or I'll get my account frozen.

Considering that an owner of this domain name could begin a website that does something totally different than what the Service Mark describes, could they still legally get me to hand over the name?

Note: the mark is shown in the USPTO documents in a stylized manner, and not sure if this means they are just trademarking the style or the actual words. ???

Thanks!

https://www.upcounsel.com/intent-to-use-trademark Yes, it has to do with proof of intent and that you have actually started using, in this case, the domain name. if this helps

 

[Enerika]

https://www.upcounsel.com/intent-to-use-trademark Yes, it has to do with proof of intent and that you have actually started using, in this case, the domain name. if this helps

• Copyright law of the United States (section Infringement)

 

[Enerika]

Sourced from WIKIPEDIA

• "Copyright law of the United States (section Infringement)"

source WIKIPEDIA

• "Patent infringement
  indirect infringement if he actively and knowingly induces another to infringe, and is liable for that infringement. Types of "indirect infringement" include
  24 KB (3,047 words) - 13:37, 23 September 2019"

 

[Enerika]

source WIKIPEDIA

• "Patent infringement
  indirect infringement if he actively and knowingly induces another to infringe, and is liable for that infringement. Types of "indirect infringement" include
  24 KB (3,047 words) - 13:37, 23 September 2019"

I don't mind looking things up just to learn (especially when it is not for myself that the work is mandatory and foreboding)...Anyhow, these may not actually help with respect to what is covered in the patent or trademark ...you may have to search that yourself online and be your own " patent(?)" lawyer.

 

[Enerika]

I don't mind looking things up just to learn (especially when it is not for myself that the work is mandatory and foreboding)...Anyhow, these may not actually help with respect to what is covered in the patent or trademark ...you may have to search that yourself online and be your own " patent(?)" lawyer.

Good luck but I know you won't need it.

 

[CastionCastion is verified member.]

Maybe @[email protected] can chime in?

If you see that the TM is stylised perhaps its just for the logo and design. Its hard to say without knowing the exact name. If you prefer it out of the public you are welcome to PM the name to me.