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I just got a email that said I have taken there TM

what can I do

         

zeus

9:39 am on Jan 20, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Here is there email

widgetclick is the trademark of North American bla, Inc. Please consider this informal request to cease use of our trademark. Please respectfully consider responding to this e-mail as we will and have taken more aggressive steps to successful defend our mark.

Sincerely
person

I can say I had no idea that TM with name existed, also our domain is widgetclicks.eu "s" so do they have a case or what can I do, it ca not be that some just can sent a email and say sorry you wasted your time on that site, OK its a new blog site but anyway.

Leosghost

10:46 am on Jan 20, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I'm not a lawyer ..but based upon recent cases over domain names ..search for "Alice" ( they tried to force the dotcom to be transferred to them ..and lost ) ..Unless they registered their trademark in the european community? ..they have no more right to the domain name than you do ..so you can negotiate to sell them the domain name or not if you want ..they cannot take it from you ..and will likely get any case that they might try to bring against you in any European or American court thrown out ..and damages awarded against ..

the important thing is ..did they register their trademark in the EU? ..if yes ..you have a problem ..

if no? they have no chance ..unless they buy the name from you

BigDave

9:13 pm on Jan 21, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



There is also the question over whether it is in the same field as you, and whether it is a generic or made up word.

Unless you feel like just giving up the domain name to them, do not respond. The reason it is an "informal request" is because they don't want to spend the money, not because they are being friendly.

If they are in the United States, you can find out more information about their trademark at uspto.gov. I'm sure there is some other site where you can look up the EU trademarks.

Leosghost

9:53 pm on Jan 21, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



This is the official site of European wide trademarks registry... [oami.europa.eu...] the site is multi lingual ..read carefully..

HTH