I said no and now they started advertising porn on it. Very bad as children often visit my site and the names are so similar.
I do have a trademark for BlueWidget in the process (actually should be finalized soon).
What steps should I take to get this domain? The price they asked is unreasonable and from everything I've read this is a classic case of cybersquatting and illegal.
Should I wait for the trademark to be final? Should I sue?
I'm honestly feel I've been very wronged and want to persue this to the maximum that I can.
Simply getting the domain is not enough for the damage this person has caused in loss of traffic and in ruining my site's image.
also is his domain name the actual trademark?
I've been using that name on various parts of my website long before the other person registered their name... ie, "Blue Widget Forums", "Blue Widget Newsletter", "Blue Widget Contests", etc.... many people search for that when looking for the site.
The domain is actually parked where it is displaying porn ads via Google... no idea why, as the term doesn't have anything to do with porn.
I have had my domain (BlueWidgetWorld.com) registered for a few years before they registered the other.
Any searches for "blue widget" bring up the site I own. It is obvious that this person registered a similar name to get some of our traffic (which he does) and to attempt to sell it at an inflated price (I did make an offer but he wanted far more for it).
Consult a lawyer. A trademark doesn't have to be assigned to you though it makes it easier to enforce.
If you cant do anything about it. Perhaps you should put a disclaimer or if you have a newsletter or some means of contact with your visitors, then warn them. Parents of kids that visit your site would probably appreciate the warning.
Sorry uhwebs. The best advice really is to consult with legal counsel.
The following is from the Charter of this forum.
TRADEMARKS AND LEGAL ADVICE:
- Posting domain name details is a violation of the Charter of this forum, yet, such details are what competent legal counsel would insist on knowing before offering advice.
- There are hundreds of jurisdictions, each with their own variation of intellectual property and trademark law.
- Statements made in public forums can and will be used against their maker.
- Trademark holders can search domain forums for threads triggered by their communications. Declaring "I was just contacted by a lawyer about a domain . . " can signal "This thread was started by the person you just called." See #3.
- Money judgments for cybersquatting, trademark violations and other intellectual property wrongs can bankrupt people and companies.
- Threads that involve personal legal or trademark issues inevitably lead to the same conclusion: "We are neither qualified nor sufficiently informed to offer competent legal advice. Talk to a lawyer".
For these and other good reasons, from this point forward [webmasterworld.com], the Domain Forum will no longer host threads related to any individual's or any company's domain trademark issues. The only place to seek opinions concerning specific legal matters, such as the ability of any party to assert trademark rights or defend against such a claim, is a law office in the proper jurisdiction.
Generalized discussions about legal issues not specific to a member's circumstances, discussions about finding or using authoritative government sources (USPTO.gov, Patent.gov.uk, WIPO, etc.), or discussions concerning significant WIPO, ICANN or court decision are proper material for discussion.
If someone posts a legal issue thread, wherein they state that they have been contacted by legal counsel for "the other side" the only advice that should be given is to strongly encourage the person to stop posting details in public forums and to immediately seek a private consultation with a lawyer.
