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Classic TM quandary-Company has just filed for TM on my 5 year old domain-What to do?
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<blockquote data-quote="jryan777" data-source="post: 2118253" data-attributes="member: 322557770"><p>If the name is valuable to you and you intend to use then it's a brand you created and I would'nt wait... Silence is a slow death.</p><p></p><p>I've spent a lot of time and money with my patent & tm attorney over the years. General Motors / Hummer, Porsche, Retail companies, Progressive Ins. + others, never lost, because I didn't wait and educated myself on any previous case law. Although, HummerH2.com was the most surprising victory years ago.</p><p></p><p>I spend lots on legal fees whether it's my premium domains, non-generic brands I've created and intend to use or Trademark names of multi-national companies I currently own. If you're reasonable they are going to pay you a fair price vs. paying tens of thousands in atty fees. fighting a battle they don't even know the outcome of. If you are going to use it, just because you didn't file TM first doesn't mean the worst - but I would create a moment of commerce with the brand quickly to give you more strength if that is your intention.</p><p></p><p>My two cents from 18 years of branding and domaining from Fortune 100 down to Mom and Pop.</p></blockquote><p></p>
[QUOTE="jryan777, post: 2118253, member: 322557770"] If the name is valuable to you and you intend to use then it's a brand you created and I would'nt wait... Silence is a slow death. I've spent a lot of time and money with my patent & tm attorney over the years. General Motors / Hummer, Porsche, Retail companies, Progressive Ins. + others, never lost, because I didn't wait and educated myself on any previous case law. Although, HummerH2.com was the most surprising victory years ago. I spend lots on legal fees whether it's my premium domains, non-generic brands I've created and intend to use or Trademark names of multi-national companies I currently own. If you're reasonable they are going to pay you a fair price vs. paying tens of thousands in atty fees. fighting a battle they don't even know the outcome of. If you are going to use it, just because you didn't file TM first doesn't mean the worst - but I would create a moment of commerce with the brand quickly to give you more strength if that is your intention. My two cents from 18 years of branding and domaining from Fortune 100 down to Mom and Pop. [/QUOTE]
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Classic TM quandary-Company has just filed for TM on my 5 year old domain-What to do?
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