Business using phrase for their Name, wants our phrase domain name

[omega-domains]

Looking for people's opinions on this - we are new to the gTLD domain name speculation market, but have been in the domain name registration business for many years. We are not squatters, don't ever want to be thought of as such and have even dumped a name after finding out it might have an issue (even when others used the TM phrase in their names), which meant we ate the reg fee. I mentioned this just to show our intentions.
Question: We have been contacted by a company that has for their business name what is in our opinion is a category name, say Kitchen Cabinets. They have registered kitchencabinets.com as their main site name. We had no fore knowledge of this site or business and registered kitchen.cabinets during EAP. They have contacted us and expressed their anger and contention at our having the name. They offered to pay us $100 over our costs. The name has significantly higher value in our opinion, and it's just too soon to know exactly what that is with these new names.

We would appreciate any thoughts and opinions from the experts.

Sam

 

[Cartoonz]

without the actual facts, you're wasting everybody's time - including your own.
if you want to PM me the name, I might be able to give you an opinion... otherwise, anything anybody says (including me) is worthless

 

[omega-domains]

without the actual facts, you're wasting everybody's time - including your own.
if you want to PM me the name, I might be able to give you an opinion... otherwise, anything anybody says (including me) is worthless

Just trying to follow posting rules that say "do not post actual domain names." The example I posted is very, very close to the real situation, someone trying to use a category as their business name: Home Improvements, buys the .com homeimprovements.com, and then says we're squatting because we have home.improvements
No worries - I'll try elsewhere for now.

Sam

 

[kdizzy]

The new TLD extensions do not fall into Trademark rules. You can keep the domain name, they won't ever be able to take it. They should pay a premium for it if they want it.

 

[Theo]

The new TLD extensions do not fall into Trademark rules. You can keep the domain name, they won't ever be able to take it. They should pay a premium for it if they want it.

I think you need to do some more research before making such grossly incorrect statement.s

 

[Jack Gordon]

If it is truly as generic as you say, you shouldn't have much to worry about. You did not say that this company trademarked the name - presumably because it is not easy to protect generic terms as IP. That same logic should protect you from their attempt to bully you into handing it over.

But, you should not listen to me or anyone else on a forum. For the right answer, a consultation with a domain attorney would be well timed right about now.

 

[angel69]

In the example the TS gave, Kitchen Cabinets, I agree "kitchen cabinets" is a generic term but that would not free you from a challenge by any co named Kitchen Cabinets which also owned KitchenCabinets.com as their main site if you regged kitchen.cabinets on your own with one of the new gTLDs. What you'll be using the domain for and other factors come into play. As to not having foreknowledge Kitchen Cabinets existed as a business name and/or that KitchenCabinets.com was a website, I may believe you but others may not, the burden will be on you to make a case if the complainants present an argument. Some entities have successfully TMd generic terms similar to Kitchen Cabinets or even just Cabinets as their business names. You don't mention if there's a TM on the actual term, you must know if there is by now

kdizzy, there's nothing special about the new gTLDs as far as possible TM infringement goes, so TM rules still apply to them. I'm sure you meant Kitchen Cabinets (if it was TMd) is not the same as kitchen.cabinets since you're using the second term as the domain extension, but the same could apply to the old exts, like someone TMing the name Wonderful Net and then I go and reg wonderful.net

 

[omega-domains]

Thanks to everyone for your thoughts and replies. This issue has been resolved. After some ugliness and many phone calls, both sides reached a dollar agreement that was fair to both parties.

 

[kdizzy]

I think you need to do some more research before making such grossly incorrect statement.s

Can you point me to such research? Dealing with this right now would be happy to learn more. I was advised of the above in trying to acquire a domain name with my trademark.