I got a nice one from Cooley Godward LLP

[Dave Zan]

That just might tell you something... but I hate to ruin a surprise.

Another potential migraine? :-D

 

[Talkhost]

I love those old movies of steam trains crashing head-on into each other.

The "MIGRANOL" application never registered, because...

Mark (words only): MIGRANOL

Current Status: Abandoned after an inter partes decision by the Trademark Trial and Appeal Board.

Ummm... what this means is that there was a decision by the TTAB that the applicant for MIGRANOL was not entitled to register the mark because someone else had superior rights. Not only that, but it was someone else who showed up, fought Sandoz, and beat them.

That just might tell you something... but I hate to ruin a surprise.

(on edit: Yup, sure enough... there were opposition proceedings in both application histories.)

Thanks for that. Looks like my moral stance is unfounded then.. :violin:

 

[jberryhilljberryhill is verified member.]

You can draw your own conclusion- I am not your attorney. I am simply pointing out that there is more information in those USPTO records than you seem to realize.

 

[Talkhost]

You can draw your own conclusion- I am not your attorney. I am simply pointing out that there is more information in those USPTO records than you seem to realize.

These records are a minefield.. :bounce:

Sandoz, Novartis, Valeant... just can't seem to work out who is who or if they are all the same company with name changes..

I see that the "migranol" mark was opposed and won by Johnson & Johnson but I'm not sure if sandoz has any relationship with valeant.. Both these companies are mentioned in the "migranal" mark though, so I assume there is a relationship there somewhere..

Either way it appears to me that they cannot TM "migranol" anyway..

This is all a real headache to me, so I have told the attorneys I'm willing to hand it over if I am re-imbursed for "expenses" incurred for the domain.. Still no reply yet so I will give them until close of business today for a reply.

 

[Domagon]

Novartis was formed from a merger of Sandoz and CIBA.

Valeant appears to be a totally separate company.

In regards to the assignment info for Migranal - it appears that it was registered by Sandoz who then became part of a new company called Novartis...

Then it gets interesting (and confusing) ...

Novartis assigns ownership of the mark to Xcel Pharmaceuticals...

Then just the other day a name change is made to the record ... Xcel Pharmaceuticals to Valeant ...

Valeant recently acquired Xcel Pharmaceuticals.

So in a nutshell, there may actually be three different companies associated with Migranal ... Novartis (originally Sandoz) that registered the mark, Xcel Pharmaceuticals who acquired the mark, and Valent who acquired the Xcel Pharmaceuticals company.

All of this above alone is reason enough to avoid tangling with their legal folks... glad to read you'll going to let this one go - in my view, you're doing the right thing to let them have it (or delete it) and be done with it.

Ron

 

[labrocca]

I think you messed up by causing a fuss. They said it to begin with.

"we are willing to resolve this amicably etc bullshit"

Seems that they weren't strong arming you with lawyers but trying to open negotiations. Drug companies have plenty of money. You should have just asked what they meant by an amicable resolution. If they have an offer you would be interested in hearing it. Instead you went off.

You admit you have no right to the domain name as a trademark. You admit they have a trademark. You don't admit it but a court will find it confusingly similar. You will then get zero for the domain and possibly have to pay their legal fees. If they go to wipo..you get jack as well. You should attempt negotiations for an amicable solution. I don't see why you feel it's so important you have the name. It's now banned by google and it can get much worse. You aren't making a dime on the domain so why keep it.

 

[Talkhost]

Thanks for everyone's input regarding this. Much appreciated...

@ labrocca, I don't understand why you feel so strongly about my approach Yet another one who jumps in without reading the facts. No-one admitted they had the trademark...... Me or them. If you read the thread you would know that no-one has the trademark for my domain. It was disputed and subsequently won by an entirely different company.

I know drug companies have plenty of money, and I did check their annual accounts (obviously) and it is an impressive turnover. But I don't have the same mentality as you. I'm not driven by purely money..

Anyway, this has now been resolved amicably. Thank you for the help from you all but this is now "case closed"
I don't feel it would be appropriate for me to post any further info regarding this since an agreement has now been reached.

Cheers