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Just wanted to share a TM issue that I have and any info would be appreciated.
I own the domain Momma.com and have been threatened by Mamma.com (on Nasdaq). They say my name causes confusion in the marketplace. They are a search engine and I have the google websearch on my site. By the book they have to prove these criteria to get the name from me:
1) The domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
2)The domain name registrant has no rights or legitimate interests in respect of the domain name in question.
3)The domain name has been registered and is being used in bad faith.
Basically, They registered mamma just 10 months earlier than momma.com was registered in 1997. They only trademarked it I believe in 1999 so they have no case since I was registered beofre the trademark. Also theres no confusion since its obviously a google search on my site. Besides for that all my sites have a search bar on them. Also Momma.com is a great domain name to have even if there was no mamma.com so they cant say it was registered in bad faith.
I own the domain for the past 10 months but the previous owners (there were about 7 I believe) all gave up when they got threatened from Mamma.com.
Any info on this would be appreciated just wanted to share this because I know there are others having same issues and I couldnt find too many people who were willing to talk about this.
I own the domain Momma.com and have been threatened by Mamma.com (on Nasdaq). They say my name causes confusion in the marketplace. They are a search engine and I have the google websearch on my site. By the book they have to prove these criteria to get the name from me:
1) The domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
2)The domain name registrant has no rights or legitimate interests in respect of the domain name in question.
3)The domain name has been registered and is being used in bad faith.
Basically, They registered mamma just 10 months earlier than momma.com was registered in 1997. They only trademarked it I believe in 1999 so they have no case since I was registered beofre the trademark. Also theres no confusion since its obviously a google search on my site. Besides for that all my sites have a search bar on them. Also Momma.com is a great domain name to have even if there was no mamma.com so they cant say it was registered in bad faith.
I own the domain for the past 10 months but the previous owners (there were about 7 I believe) all gave up when they got threatened from Mamma.com.
Any info on this would be appreciated just wanted to share this because I know there are others having same issues and I couldnt find too many people who were willing to talk about this.
