trademark question

please help..

[tomasz]

Hi,

I have a three word domain and one of the big boys contacted me to surrender my domain. All of words in domain are common words not like Ford, Microsoft etc.

Their trademark is First Word + Third World + ".com" and they are doing different business than mine site. I would like to keep this domain, Do I have a chance to fight it?
thanks

[hannamyluv]

Yes, you do have a chance of fighting it. Some companies, especially larger companies, will throw out C&Ds just to "see what will happen".

Contact a lawyer about this. Trademark is a pretty loose thing many times, especially if you are in a completely different business.

[BigDave]

You should definitely fight it. In fact, if they are common words, that are often used together, you should look into filing a challenge to their trademark as generic.

[bobothecat]

Sticky me the domain and I'll try to give you a better idea as to where you stand - it's hard to tell based on the current, generic description given.

[bobothecat]

Just to follow-up outside of stickymail (so that it might help others):

This company owns no trademark for the name your using - You can check this by going here:
[uspto.gov...]

I personally wouldn't be too bothered by it. It sounds like a normal scare tactic more than anything else.

There's also no (recent) registered copyright for this name either:
[copyright.gov...]

Note: This information should not be substituted as/for professional legal advice, but as a general guideline - it's always best to consult with an intellectual property attorney for exact guidance.

[BigDave]

This company owns no trademark for the name your using

It would be much more accurate to say that they have not registered the trademark. While it is much more difficult, you can claim control of a mark before you have it registered.

I personally wouldn't be too bothered by it. It sounds like a normal scare tactic more than anything else.

Absolutely agree.

There's also no (recent) registered copyright for this name either:

Uh, you cannot copyright a name. From the copyright FAQ:

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

[tomasz]

thanks guys for helping me out, tom

[bobothecat]

BigDave:

"It would be much more accurate to say that they have not registered the trademark. While it is much more difficult, you can claim control of a mark before you have it registered."

This is true, however a registered Federal Trademark allows you:

* Constructive notice to the public of the registrant's claim of ownership of the mark

* A legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration

* The ability to bring an action concerning the mark in federal court

* The use of the U.S registration as a basis to obtain registration in foreign countries

* The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

So without a registered mark, or an attorney that has nothing better to do for a long time, you're chances of enforcement are slim.

"Uh, you cannot copyright a name. From the copyright FAQ:"

Uh ... never said you could. :)

[rogerd]

Tomasz, just a reminder that nothing here should be construed as legal advice or as a substitute for speaking with an attorney familiar with your jurisdiction who can review the specific details of your situation.