Trademark issue?

[gptpark]

I have a question in regards to the legalities of trademarks, etc.

I purchased a domain last month that had dropped and it gets pretty good traffic (type-in I think). The previous owner has contacted me and says that the domain had dropped on accident and he has the name trademarked (not the .com part, just the name). He also says that he's doing business as the name.

I would be happy to sell him the domain, but he's not interested in giving me an offer, but threatening me with legal crap. I think I'm safe and can continue to park the domain....but I'm not sure. Am I legally obligated to "give" the domain back to this guy because he made a mistake with his e-mail address?

Any suggestions would be greatly appreciated. Thanks.

 

[ParkQuick.com]

That's one of the reasons that people get trademarks. He certainly has a case. Do a trademark search and see what you find. In any case you could offer to return the domain to him at a rate below your asking price, charging only for reasonable expenses (not using the word "sell"). That might make both of you happy and it keeps it out of court. You should also consider discussing it with your lawyer or getting a lawyer. I believe that a court could not only find you obligated to give him the domain, but also obligated to pay him damages.

Hopefully you'll get more expert replies from some of the attorneys on the Forum.

He has the name trademarked (not the .com part, just the name). He also says that he's doing business as the name.
... Am I legally obligated to "give" the domain back to this guy because he made a mistake with his e-mail address?