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- Aug 13, 2005
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I have a question, which is borderline and in no way any form of bad faith on my behalf.
In June 2008, I purchased an expired domain name from an auction because it was DMOZ listed, expired, used to have an existing site and had a small PR. Thus, I assumed I could return the domain to a live site. Especially since prior sites/domains that are DMOZ listed are coveted. I had no idea there was a TM for a similar name. I find out today from a C&D that it is a TM and the attorney wants the name. The name I purchased from a TDAM auction is plural, compared to the one I was just informed of that contains the TM.
Per Alexa when I got the name, the prior site was online since 2006. I have had the domain since 6/2008, but the whois says 2006 since it that is the original registration date of the domain.
The TM holder for the nonplural version sells products in the same niche. But my products are different from theirs. In fact, I sell maternity pillows and baby feeding products, they sell maternity body supports that support womens hips and bellys. The name in question could virtually be used for either market.
I just got this C&D today, should I just respond and state my case as I have here. I really don't want to give up this name just because I got a C&D. They are stating I am infringing on the name and using same products, but they are not the same products. Yes they are in the same market, but not the same products.
Any advice or referenced posts or sites that faced similar actions? You can PM me if you'd like - Thank you in advance.
In June 2008, I purchased an expired domain name from an auction because it was DMOZ listed, expired, used to have an existing site and had a small PR. Thus, I assumed I could return the domain to a live site. Especially since prior sites/domains that are DMOZ listed are coveted. I had no idea there was a TM for a similar name. I find out today from a C&D that it is a TM and the attorney wants the name. The name I purchased from a TDAM auction is plural, compared to the one I was just informed of that contains the TM.
Per Alexa when I got the name, the prior site was online since 2006. I have had the domain since 6/2008, but the whois says 2006 since it that is the original registration date of the domain.
The TM holder for the nonplural version sells products in the same niche. But my products are different from theirs. In fact, I sell maternity pillows and baby feeding products, they sell maternity body supports that support womens hips and bellys. The name in question could virtually be used for either market.
I just got this C&D today, should I just respond and state my case as I have here. I really don't want to give up this name just because I got a C&D. They are stating I am infringing on the name and using same products, but they are not the same products. Yes they are in the same market, but not the same products.
Any advice or referenced posts or sites that faced similar actions? You can PM me if you'd like - Thank you in advance.