TM in Canada, not in US - Possible?

[ck89102]

Simple question: If a name is registered in another country, are we bound by their TM laws?

I hand registered a company name (the .net) that is in Canada. The actual company is the .com name. I live in Las Vegas and the name is not Trademarked in the USA. I did a "search" and there is no TM (with the US Gov). I put a $999 Buy It Now Banner on top of the landing page.

Now the owner of the company in Toronto is livid and sent a nasty email to me:

> We have clearly assembled enough evidence to take legal action.
> We are providing you with this request and written notification that the
> domain be relinquished to us at this time.
> The domain was registered 02-Aug-2007 which is clearly far after <DomainName> were established.
> The domain which you have registered violates a Trademark.
> <DomainName> is a brand name that belongs to <Co. Name>.
> Ontario corporation #1693433
>
> The Anticybersquatting Consumer Protection Act...<blah, blah blah>


I have turned the name off while I ponder what to do.
Feedback is greatly appreciated.
Thank you.

 

[DNQuest.com]

So you registered a domain that contained the exact name of a company? And then you are attempting to sell the name? The intent does seem a bit obvious to me. And yes, I would be upset too. Now, does the company have rights or greaters right tot he name? Do you have rights to the domain? Was the name registered and used in bad faith?

There is also the nature of the name itself, but in all honesty, I think we have enough here to see where this is going (and it is not a good thing)

 

[cyberlaw]

I hand registered a company name (the .net) that is in Canada. The actual company is the .com name. I live in Las Vegas and the name is not Trademarked in the USA. I did a "search" and there is no TM (with the US Gov). I put a $999 Buy It Now Banner on top of the landing page.

Simple question gets this simple answer: I don't like your chances.