FLOWERNET wants my domain flower.net

[Bersek]

I have bought the generic domain name flower.net(*) one year ago. flower.net offers now information about flowers, and I make some money with ads on this site.
Today I got on email from the company FLOWERNET, which have the trademark FLOWERNET in USA and other countries.
Which chances I have to keep flower.net? The domain flower.net and the trademark flowernet are similar, but "flower" is a generic name.
Are there comparable cases, judgements (where net, org or com are parts of a trademark name)?

Thank you for your help!!!
Bersek

(*) I changed the domain name and the trademark name.

 

[JEsports]

I am not an attorney .. however in my personal opinion I think they would have a hard time winning this fight. I think you have a high percentage chance in keeping flower.net.

Good luck

 

[haynes8]

I think they would have a case if you had flowernet, but flower (dot) net is not a trademark problem or atleast shouldnt be.

 

[DNjet]

I think as long as you are not infringing directly on their specific content (exclusive products etc..), then you will be fine.

 

[Bill Roy]

Ask them if it is the word 'flower' or the domain suffix '.net' they are objecting to you using, either way they are on a looser (BIG SMILE please).

The word 'flower' as you quite rightly state is a generic word and in common usage throughout the English speaking world, and as such cannot be deemed TMable in its own right. The suffix '.net' is also not TMable.

If I were you I would work out your earnings from your site then use a good multiple of years, then add $x,xxx, and offer them the site at that price whilst pointing out to them that there is no way on God's Earth you are going to relinquish the site any other way, or maybe you will just auction of the site to the highest bidder!

Let us know what happens, but this sounds like BIG BULLY BOY TACTICS! Perhaps the press might even be interested in this one, that will cost Flowernet a lot in lost trade!

Hope to hear about this soon,

BillBo

 

[Anthony Ng]

I have bought the generic domain name flower.net(*) ...

(*) I changed the domain name and the trademark name.

If it is a domain name in or even near the capacity of flower.net, then you need to speak to a lawyer right away, instead of wasting your time here. Good luck.

 

[izoot]

Tell them to stuff it ... they are trying to strong arm you. As long as you aren't advertising their product on your site they haven't a leg to stand on. But keep in mind thats not always going to deter a company from going after it. Consult with a lawyer ... Here's a few names:

John Berryhill, Ari Goldberg, Steve Sturgeon, are just a few to start with I am sure others can offer some names as well.

We are going to see more and more of this strong arming. Don't give in to bullies.

 

[fab]

I agree with what everyone else has to say here, I don't think they have any case. The domain is worth a lot, and not worth playing around with, so I would also seek legal help if you think there going to try any legal action.

There is a similar case with DCG who purchased Elephant.COM and then got taken to WIPO, by a trademarked insurance company Elephant. JohnBerrYHill represented him, and he won.

 

[Bersek]

Thank you for your answer!
Does anybody know a good domain lawyer? How much is a first check of my case?
Are there comparable cases, judgements (where net, org or com are parts of a trademark name)?

 

[G_Gekko]

John Berryhill, Ari Goldberg, Steve Sturgeon, are just a few to start with I am sure others can offer some names as well.

all good laywers

 

[jberryhilljberryhill is verified member.]

If you are really in Belgium, I would highly recommend Geert Glas

http://www.allenovery.com/asp/peopl...ileID=379&practiceArea=0&pAreaID=0&Officeid=0

If the trademark claimant is in the United States, then Ari Goldberg (www.esqwire.com), Steve Sturgeon (www.domainnamedisputelawyers.com), Howard Neu (www.neulaw.com), Steve Lieberman (www.aplegal.com), and Paul Keating (www.renovaltd.com) are all familiar with these sorts of situations.

 

[NameWolf]

From the posters (*), the way I understand is that it is not flower.net he really has but he is using that domain as an example. Now if the term is as generic as flower then you should have a strong case however if the company's name is abcd and you have abcd.net then that may be a problem.

 

[tekz999]

You cant use flowernet trademark to get the domain flower.net. That would be an attempt for domain hijacking.

 

[barkingmad]

This one is a close as you could get..

plan.net

http://arbiter.wipo.int/domains/decisions/html/2006/d2006-0082.html